Domestic Violence Accusations and Defense in California

Opinions in blog posts are the sole opinions of the author and do not reflect the views or opinions of 1.800.NoCuffs and The Kavinoky Law Firm.

domestic violenceDomestic violence is sometimes called domestic abuse or intimate partner abuse. Under California law, it involved a broad range of legal violations. These include:

  1. Causing or attempting to cause bodily injury, and/or
  2. Sexual assault.

Perpetrators of Abuse

In these cases, the recipient of the violence may or may not fall into a specific category. Such categories may include such relationships as a:

  1. spouse,
  2. former spouse,
  3. relationship partner (person one is dating),
  4. cohabitant (person with whom one is living),
  5. former cohabitant (person with whom one used to live), and/or
  6. person with whom one had a child.

Domestic violence (DV) can involve physical injury, or another consideration includes threatening words.

The legal definition of an “intimate partner” for purposes of DV includes husbands or wives, boyfriends or girlfriends, and same-sex partners. Therefore, any intimate partner, no matter the sex, can be a victim of domestic abuse. The law is very broad in terms about the relationship that gives rise to domestic violence.

What is Abuse?

Similar to “intimate partner,” the term “abuse” is also very broad.

Each of the following actions, among others, can lead to prosecution for domestic violence or intimate partner violence:

  • hitting,
  • slapping,
  • punching,
  • kicking,
  • threatening with or without a weapon,
  • hitting with an object,
  • hair pulling,
  • burning,
  • cutting,
  • biting,
  • stabbing, and/or
  • stalking

Given these points, keep in mind, there is no scale for pain or abuse. No matter how slight the physical touching, the perpetrator of the action is still eligible for prosecution. Some types of domestic violence charges do not even require any physical touching.  In fact, stalking or criminal threats do not involve touch (Penal Code section 422).

California Penal Code Convictions

California Penal Code section 273.5 is the most frequent domestic violence crime.

This penal code section provides that anyone who willfully inflicts injury on a spouse, former spouse, or certain other people is guilty of a felony.  Of course, Penal Code 273.5 is explicit that the injury may be either minor or serious in nature, so long as it is caused by physical force.  The punishment for those guilty of violating this crime includes up to one year in county jail. Moreover, the perpetrator may face even up to six years in state prison. Additionally, a conviction for someone who has had prior domestic violence conviction means even more time.

Prosecution of DV cases involves a very serious approach. Moreover, the cases often find their way to the District Attorney’s desk. These attorneys specifically handle domestic violence cases and likewise carry intense knowledge.

Your intimate partner does not decide whether or not to press charges in a domestic violence case in California. Once the police are involved in the domestic violence situation, you and your intimate partner no longer have the choice of whether or not to prosecute. The decision of whether or not to file criminal charges in a domestic violence case is up to the prosecutor alone. He or she will decide whether or not to bring the domestic violence charge. It is incorrect (and dangerous) to believe that the DV victim has the power to press charges or not; once law enforcement is involved, it is out of their hands.

California Domestic Violence Defense Attorney

No matter what charges you are currently facing, a skilled California criminal defense attorney can help. There are defenses for every criminal charge. In most cases, these domestic violence charges are based on one person’s word.

A domestic violence criminal defense lawyer understands that there are two sides to every story. This lawyer can help you gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean.

Do not hesitate to call on criminal defense lawyer Darren T. Kavinoky if you would like a FREE case evaluation.

Brianna Wilkins
Brianna Wilkins