Domestic Violence

Recent Posts in Domestic Violence Category

  • 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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  • Lenient DV Sentences: What Public Outcry Means for Defendants

    How Public Opinion Can Affect Criminal Court Proceedings In recent years, there has been growing public outcry over California courts handing down lenient sentences for domestic violence crimes. From the protests that stemmed from the March 2016 sentencing of Brock Turner, the Stanford student who was thought to have “gotten off easy” for sexual assault to the recent proposed sentencing of a ...
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  • Interfering With Domestic Violence Reporting

    Obstructing the Aid Response We rely on law enforcement and EMTs to help us in our time of need. Access to emergency aid is a right, but sometimes this right is violated. In domestic violence cases, in particular, it is not uncommon for the alleged abuser to attempt to prevent the alleged victim from obtaining help. An alleged abuser might commit such an offense in the heat of an argument , but, ...
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  • Defining Injury in Domestic Violence Cases

    Injuries Matter In domestic violence cases, the victim’s injuries or lack thereof play a significant role in how a defendant is charged and sentenced. Because not all domestic violence victims sustain injuries, California law distinguishes between two types of domestic violence charges: spousal battery, which does not require the victim be physically injured, and corporal injury on a spouse , ...
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  • What Happens if a DV Witness Refuses to Testify?

    When the Key Witness Won’t Speak In domestic violence cases, the victim plays an influential role. Often, it is the victim who notifies law enforcement and provides necessary information regarding the offense. If the police decide to file a report, this commences the domestic violence case process. During this first stage in domestic violence cases, the information the victim provides is ...
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  • How to Remove the DV From Domestic Violence Charges

    Is it Possible to Avoid a DV Conviction? False accusations of domestic violence are not uncommon. Unfortunately, once the police have been notified, there is little, if anything, the defendant or the alleged victim can do to stop the case. So what happens when there isn’t enough evidence to convict someone of domestic violence, it’s not clear the violence was not in self-defense , or when the ...
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  • How Long Can a Restraining Order Remain in Effect?

    Restraining Order Duration Periods Restraining orders are commonly issued in cases involving crimes such as assault, harassment, and domestic violence. They can also be issued in certain family law matters. A judge can issue one of a few types of restraining orders, each of which may remain in effect for different periods of time. Understanding how long your restraining order will remain in effect ...
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  • Combating False Allegations of Domestic Violence

    Where’s the Evidence? We like to think that hard evidence is necessary in order to file charges against or convict someone in a criminal court. But this belief in justice can leave you unprepared for the reality of domestic violence cases. Typically, sufficient evidence is required to take legal action against someone, be it filing a restraining order or filing criminal charges. In many cases, ...
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