Domestic Violence

Recent Posts in Domestic Violence Category

  • 5 Facts You Didn’t Know About Domestic Violence Charges

    Disadvantages of Domestic Violence With many crimes, you can face fines, imprisonment, and probation if convicted. Certain crimes, domestic violence crimes for instance, also result in a host of other consequences, some of which cannot be avoided. Here are five facts about domestic violence charges you may not be aware of. The victim cannot drop the charges . Once the victim notifies the police of ...
    Continue Reading
  • Domestic Violence in California: By the Numbers

    It’s All in the Numbers Domestic violence offenses are aggressively prosecuted in California. California employs dedicated prosecution units to ensure every case is prosecuted and each and every guilty defendant is punished. While other criminal offenses aren’t handled with this level of scrutiny, domestic violence offenses rarely slip through the cracks. And once a domestic violence case is ...
    Continue Reading
  • What Is a No Contact Order?

    Establishing Legal Protection Victims of domestic violence, assault, harassment and stalking, or other similar crimes often turn to the police to seek help. The police can then help a person ask the court for legal protection. If the court finds reason to believe the victim needs protection, it can issue a protection order. Different protection orders serve different purposes. No-contact orders ...
    Continue Reading
  • Emotional Abuse and Domestic Violence

    The Different Types of Abuse Domestic violence is one of the least understood crimes. The terms violence and abuse tend to bring to mind physical injuries, such as broken bones and bruises. In reality, domestic violence goes far beyond such injuries. All acts of domestic violence are a crime in California, whether the victim was seriously injured or not. Domestic violence includes a broad range of ...
    Continue Reading
  • Consequences of Multiple Domestic Violence Convictions

    Facing the Penalties A domestic violence conviction will result in several harsh penalties, including jail time and large fines. California takes an aggressive stance toward domestic violence offenses. Dedicated prosecution units handle domestic violence cases, giving defendants very little chance of slipping through the cracks. Even first-time offenses are punished severely in hopes of deterring ...
    Continue Reading
  • Does the Severity of Injuries Matter in a DV Case?

    Assessing the Injuries As with many crimes, the facts and circumstances of a domestic violence case will influence how the defendant is charged and sentenced. One of the most important influencing factors in domestic violence (DV) cases is the severity of injuries the victim sustained. More severe injuries typically mean you will face a more serious charge or an enhanced sentence. DV Without ...
    Continue Reading
  • Defense of Others and Domestic Violence

    The Right to Defend Others Self-defense can be used as a valid legal defense to many violent crimes, such as assault or battery. We all have a right to self-defense when we need to protect ourselves. We also have the right to defend others from harm. In fact, under California law you can use the self-defense defense to a criminal charge if you were defending someone else. A few specific parameters ...
    Continue Reading
  • Crossing the Line: When Is an Argument Domestic Violence?

    When Have You Crossed the Line? Arguments are common in relationships. Unfortunately, sometimes arguments can escalate to the point of domestic violence if someone is harmed. Even when no one is harmed, a neighbor or concerned third-party may call the police if it sounds as if the nature of argument is violent. Since California law enforcement officers are under a strict duty to ensure domestic ...
    Continue Reading
  • Destruction of Property and Domestic Violence

    Domestic violence is a complex crime that includes many different kinds of offenses. Though the typical example of domestic violence is a partner physically harming their partner, domestic violence comes in many other forms. Some people are surprised to learn that destruction of property can be considered domestic violence under certain circumstances. Destructive acts that aren’t directed toward ...
    Continue Reading
  • Self-Defense vs. True Assault

    All of us carry within us the natural right to defend ourselves against harm. That right transcends whatever rights we enjoy as citizens. Because this right is so vital, it is important to understand the difference between protecting yourself from harm and attempting to harm someone else. Though the right to self-defense is inherent, the line between self-defense and assault is very thin in some ...
    Continue Reading
  • Self-Defense in Domestic Violence Cases

    In Defense of Self-Defense We all have the right to defend ourselves against violence. No one would question you if you fought against an assailant in the streets. No one would hold you accountable for fighting with a burglar who attacked you in your own home. There is one scenario where the lines seem to blur between justified and uncalled for violence: domestic violence. When violence is ...
    Continue Reading
  • Diminished Capacity and Domestic Violence

    Special Circumstances for Criminal Behavior During the criminal prosecution process, the district attorney typically has to prove certain elements in the case in order to convict the defendant. In some crimes, the district attorney must prove the defendant had criminal intent to reach a conviction. Criminal intent means the person had the intent to commit the crime and they were culpable for it. ...
    Continue Reading
  • Restraining Orders: Do They Lead to Criminal Charges?

    A Variety of Protections From the Court Restraining orders are frequently misunderstood legal orders. When people hear the term restraining order, they might think of a no-contact order, meaning the order restrains someone from contacting or coming near another person. These are typically issued in cases of domestic violence or harassment to protect the person being abused, stalked, or harassed. ...
    Continue Reading
  • Child Abuse and Domestic Violence

    California abuse and assault laws are differentiated, in part, by who the victim was. There are many different kinds of abuse under California’s laws, such as child abuse, elder abuse, and domestic abuse. It is important to understand that while these may be related, they are considered separate criminal offenses because of the identity of the victim. Child abuse differs from domestic abuse. ...
    Continue Reading
  • Can Domestic Violence Be Mutual?

    When is Violence Mutual? Domestic violence is abuse directed at someone whom you are in or have been in an intimate relationship with. Many people think of domestic violence as always being one-sided. Sometimes, however, domestic violence isn’t what it seems from an outsider’s perspective. True instances of mutual domestic violence are hard to characterize. Even when domestic violence is mutual, ...
    Continue Reading
  • Evidence in Domestic Violence Cases

    Just the Facts Domestic violence cases present a variety of forms of evidence that can be used in criminal trial proceedings. California recognizes many different types of domestic violence, from making threats to physical violence. The form of evidence used by the prosecution in a California domestic violence case will depend on the specific allegations being made. Evidence is a key component of ...
    Continue Reading
  • Can I Face Jail Time for Child Abuse?

    Potential Penalties of Child Abuse There was a time in the past when child abuse wasn’t considered a concern of the state. Those times have long passed. Today, child abuse is considered a serious crime in California. Instances of child abuse regularly take precedence in the media with gruesome stories of parents willfully neglecting or torturing their child. Although these stories certainly make ...
    Continue Reading
  • What Is Domestic Violence Victim Restitution?

    Paying Your Debt for Your Crime A domestic violence conviction can cost you a lot. Beyond jail time, you may face some serious financial consequences as well. You may face fees, fines, and ordered payments that are part of the terms of your probation. Not paying these costs can have serious repercussions. One of the costs you may be ordered to pay under California Penal Code 1203.097 is victim ...
    Continue Reading
  • Reducing Felony Domestic Violence Charges

    When You Can Move on From a Felony Some California crimes can be charged as either misdemeanors or felonies, depending on the circumstances. These are called wobbler crimes. There are many different types of wobbler crimes, a few of which are domestic violence crimes. Many domestic violence crimes are charged as misdemeanors under normal circumstances. But, if the victim was injured or the ...
    Continue Reading
  • Domestic Violence Crimes and Custody

    How Crime Can Affect Custody A California domestic violence conviction will change your life in many ways. You could face jail time, probation, fees and fines, and be ordered to attend a counseling, therapy, drug and alcohol treatment, or anger management program. Among these penalties, the custody of your child may be affected as well. Even if you don’t have custody, your visitation rights could ...
    Continue Reading
  • Fines for Domestic Violence Convictions

    The Costs of Domestic Violence When facing domestic violence charges, you have a lot at stake. Your dignity, pride, and freedom may be on the line. What you may not realize is your bank account may be jeopardized as well. A domestic violence conviction can result in fines, fees, and other required payments that must be paid as part of your sentencing or as a condition of your probation. While jail ...
    Continue Reading
  • What Is a Batterers’ Intervention Program?

    The Basics of Batterers’ Programs Domestic violence in California is never taken lightly. There are many consequences of a domestic violence charge, which can include jail time, probation, and hefty fines. The terms and conditions of probation given for a domestic violence offense in California are extensive under Penal Code 1203.097. Probation will last a minimum of 36 months. A criminal ...
    Continue Reading
  • Can Out of State Restraining Orders Be Enforced?

    The law can vary quite a bit from state to state. What is illegal in one state may be perfectly legal in another. Nevertheless, you are expected to follow certain laws that apply in all states. Laws regarding abuse or domestic violence are fairly far reaching. Restraining orders, also sometimes called protective orders, can be obtained in any state, but they can still be enforced when you or the ...
    Continue Reading
  • Will I Get Probation for a Domestic Violence Conviction?

    Probation is one of the many potential consequences of being convicted of a crime in California. Probation may be given instead of or in addition to jail time in many criminal cases. Probation is a way for the courts to ensure you pay your debt to society without sending yet another offender into the overcrowded county jail system. Domestic violence cases are no different. You will be given at ...
    Continue Reading
  • Fighting False Allegations of Domestic Violence

    As much as we want to trust in our legal system in the U.S., many people are falsely accused and charged with crimes they didn’t commit every day. People are falsely accused of many different crimes, but false allegations of domestic violence crimes are particularly frequent. Fortunately, you may be able to fight false allegations of domestic violence crimes. Doing so, however, takes an ...
    Continue Reading
Page 1 of 2