Domestic Violence

Recent Posts in Domestic Violence Category

  • Domestic Violence Involving Deadly Weapons: Increasing Penalties

    Domestic violence is treated as a serious offense in California, much more so when the offense involves a deadly weapon. In California, domestic violence involving deadly weapons can result in a charge of assault with a deadly weapon or assault with a firearm. The consequences of a charge of assault with a deadly weapon may differ from those of a domestic violence crime such as spousal (or ...
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  • 5 Tips for Claiming Self-Defense

    Many domestic violence incidents involve self-defense. Unfortunately, claiming self-defense as a defense to domestic violence charges isn’t foolproof. It’s not enough to claim you were using self-defense, and not all acts of self-defense leave you immune from criminal liability. To help clear up some of the common concerns regarding this defense tactic , here are five tips for when claiming ...
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  • 5 Strategies to Fight False Allegations of Domestic Violence

    A domestic violence conviction in California can change your life significantly. Unfortunately, false domestic violence allegations are all too common, and the system is designed to favor the alleged victim, not the defendant. The good news is many skilled attorneys have successfully fought charges of domestic violence for those falsely accused, often using one or more of the following defense ...
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  • Can You Avoid Deportation When Facing DV Charges?

    The Aftermath of Domestic Violence A domestic violence (DV) conviction can hit anyone hard. With fines, protection orders , and incarceration on the list of potential penalties, anyone convicted of domestic violence can expect a significant life change. But non-citizens face an even greater potential penalty: deportation. When it’s your very home and livelihood on the line, jail and fines are the ...
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  • What Red Flag Laws Mean for California Gun Owners

    Raising the Flag Red flag laws enable law enforcement to remove firearms from people whom the court has deemed a threat. Few states enforce these laws, but in the wake of the recent Parkland tragedy, that may change. California is among the few states that have red flag laws , including Connecticut, Washington, Indiana, and Oregon. These laws essentially allow for an expedited process when a ...
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  • 3 Things to Avoid When Accused of Domestic Violence

    If you’ve been accused of domestic violence, you could face criminal prosecution and a lifetime of consequences from a criminal conviction . But whether you are guilty or not, it’s important to understand that what you do and say during this time can affect the outcome of your case . You should be proactive by talking to an attorney and discussing your case. And you should avoid—as best you ...
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  • How Domestic Violence Offenders are Affected By Politics

    A Look at a Controversial Offense Domestic violence is a politically charged category of offenses. State laws vary greatly in their treatment and definitions of domestic violence offenses, which means there is relatively little consensus on what constitutes domestic violence and how domestic violence offenders should be punished. Where there is little consensus, there is room for political ...
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  • Top Tips for Following Your California Restraining Order

    When the Stakes are High If you were arrested for a domestic violence offense, the judge may have issued a domestic violence restraining order (DVRO), also called a restraining order. Restraining orders can be short-term, lasting a few days or just until the case is resolved, or long-term, lasting a few years. You should take a restraining order seriously. Violating a restraining order can result ...
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  • Three Reasons Why False Allegations of Domestic Violence Are on the Rise

    False Allegations Are Becoming More Common Domestic violence offenses are unique because they often involve the victim’s word against the defendant. Eyewitnesses are less common, as these types of crimes are frequently perpetrated inside the home. And if the victim doesn’t seek medical care for injuries, there might not even be any hard evidence to offer in court. Thus, false allegations of ...
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  • 5 Unexpected Consequences of DV Convictions

    Managing Expectations A domestic violence (DV) conviction has many serious repercussions . Unfortunately, many defendants fail to realize them until it’s too late. If you’re facing domestic violence charges, keep these unexpected consequences of DV convictions in mind: A DV Conviction Will Impact Your Gun Ownership Rights Due to decades of studies highlighting the link between DV convictions and ...
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  • The Victim’s Word Against Yours: Conflicting Domestic Violence Stories

    Weighing the Victim’s Word Against Yours Domestic violence offenses are unique because, in a court of law, the most powerful evidence is sometimes testimony from the alleged victim and abuser. And when it’s the victim’s word against yours , it’s harder to defend yourself. Not surprisingly, the victim’s word can sound more believable to a judge and jury. Unfortunately, many people have taken ...
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  • Are California Domestic Violence Classes Effective?

    California Domestic Violence Classes: Benefit or Burden? The criminal courts order all those convicted of domestic violence offenses attend California domestic violence classes for 52 weeks. These classes are part of Batterers Intervention Programs , which aim to rehabilitate offenders. Far from a minor inconvenience, they are an intensive—and mandatory—condition of probation. Many argue the ...
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  • DNA in Domestic Violence Cases: Hard Evidence

    Clear and Convincing Proof Deoxyribonucleic acid (DNA) is a molecule that contains our unique genetic code. Specific to the individual (or individuals in the case of identical twins), DNA is reliable enough to be used in a court of law. A person’s DNA is constant, meaning it can be used to solve cases from years or even decades in the past, as long as there is preserved evidence. The use of DNA ...
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  • The True Costs of a Domestic Violence Conviction

    It All Adds Up A domestic violence conviction will cost you. Not only will you face court-imposed penalties as part of your sentence or a condition of your probation, you will have to deal with the aftermath of a stigmatized conviction for many years to come. To better understand the true costs of a California domestic violence conviction, let’s first take a look at the financial consequences of ...
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  • Defining Relationships: Building a DV Defense

    Defining the Nature of the Relationship Under California law, certain crimes can be charged as domestic violence crimes if the victim had an intimate or familial relationship with the defendant. Because domestic violence convictions have serious consequences, it’s important to understand just what constitutes a domestic violence victim. Let’s first take a look at California domestic violence law. ...
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  • What Is Dissuading a Witness?

    Stopping Justice Crimes against public justice are taken very seriously. California criminal courts and law enforcement agencies rely on certain rights and liberties to serve their purpose effectively. One of these is obtaining testimony from witnesses of crimes. Witness testimony can play a significant role in a criminal prosecution. When taken lawfully, it can be used as evidence in criminal ...
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  • It Was an Accident: Unintended Injuries and DV Charges

    Injury Without Intent When it comes to domestic violence charges in California, the penalties the court will impose will increase if the alleged victim suffered an injury. In fact, a single injury sustained can turn misdemeanor domestic violence charges into felony domestic violence charges. Many domestic violence incidents end up in violence with one or both parties to the fight getting injured. ...
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  • What Is Offensive Touching?

    When Touching Crosses the Line Battery is a common California criminal charge. One of the reasons it is so common is the statutory language covering battery law casts a wide net. The law is not written to cover just acts of violence such as punching someone and giving them a black eye. In fact, California battery law prohibits any type of harmful or offensive touching of another person. Offensive ...
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  • Domestic Violence by Default: When Your Child’s Parent Is Involved

    Who Is the Victim? People typically think of domestic violence as a crime between two intimate partners such as spouses, girlfriends, or boyfriends. In reality, California domestic violence laws are more comprehensive. Under California law, an act of violence or abuse can be considered domestic violence if it is perpetrated against any of the following: A current or former spouse A current or ...
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  • Internal Injuries and Corporal Injury Charges

    Investigating Injuries Corporal injury to a spouse is one of the more serious California domestic violence charges. It differs from domestic battery in that the alleged victim must have suffered a traumatic condition for the defendant to be guilty. Loosely defined, a traumatic condition is an injury. Legally defined, a traumatic condition is: “A condition of the body, such as a wound, or internal ...
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  • Aggravated Domestic Battery: The Important Elements

    Complicating Factors Domestic battery is one of California’s domestic violence offenses. Battery is a misdemeanor charge . Although misdemeanors are less serious than felonies , there are certain things that can increase the seriousness of a battery charge. In light of such aggravating circumstances, the offense can be charged as aggravated battery. But aggravated battery is not a domestic ...
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  • Challenging Your Accuser’s Exaggerated Claims

    When Things Get Out of Hand In domestic violence cases, the prosecution process often begins with the alleged victim calling law enforcement. The word of the victim will be taken seriously, and, in most cases, the alleged abuser will be arrested. False accusations are not uncommon in California domestic violence cases. Unfortunately, those that do make false accusations are often emotionally ...
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  • Wobbler Domestic Violence Cases: The Factors Considered

    Two Possibilities Certain domestic violence offenses are considered wobbler crimes. In California, wobbler crimes are those that can be charged as either misdemeanors or felonies. In wobbler crime cases, the prosecuting attorney can decide to file charges as a misdemeanor or a felony. How the prosecutor decides to charge an offense is determined on a case-by-case basis, so it’s important to learn ...
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  • Domestic Violence Convictions and Your Career

    The Effect of a Criminal Conviction on Your Career A domestic violence conviction isn’t like any other criminal conviction. Domestic violence carries a stigma with it that is hard to shake. Even more so than assault, domestic violence offenses are seen as particularly immoral given the nature of the relationship between the defendant and the victim. Men and women face the same stigma, no matter ...
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  • Offensive Touching and Domestic Violence Charges

    The Domestic Violence Threshold Domestic violence is one of the lesser-understood types of California criminal charges, in part because so many different actions can be considered domestic violence and there doesn’t necessarily need to be hard proof of violence. A prosecuting attorney can file domestic violence charges off of very little evidence, even in cases where the victim was never harmed. ...
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