Los Angeles Domestic Violence Lawyer
Domestic violence allegations are serious and can land you in court even if the alleged victim recants a previous statement or insists that charges not be pursued. With special divisions often dedicated to the prosecution of domestic violence claims in many California counties, California is known for its tough stance on domestic violence prosecution.
What distinguishes domestic violence from the illegal acts of Los Angeles Assault and Battery Lawyer assault, battery or a criminal threat is that the alleged victim is in an intimate relationship with the accused, usually a spouse, fiance, cohabitation partner, dating partner, or parenting partner. Consequently, domestic violence allegations are highly emotional claims that often result in innocent people being wrongly accused in the heat of an argument or arrested for the crime when one partner in the relationship tries to gain the upper hand in a child custody dispute or divorce by a false allegation of domestic abuse.
California Domestic Violence Penalties
According to California Penal Codes, it is illegal to use physical force or threaten to harm an intimate partner. Penalties for violating California domestic violence laws vary depending on the defendant's previous criminal record and the seriousness of the injuries to a partner. Most counties, though, have a minimum 30-day jail sentence even if the incident is a first-time misdemeanor conviction. In addition, defendants who are convicted of domestic violence are typically required to participate in a 52-week domestic abuser class. The worst part of a domestic violence conviction is the taint the conviction puts on your criminal record that could have negative consequences when you try to gain employment, obtain state licensing, or apply for housing loans.
Laws governing California domestic violence make the following actions illegal.
- The infliction of a corporal injury on a current or former spouse, cohabitant or parent of your child in violence that causes visible injury, even slight bruising or swelling. (CP 273.5)
- Infliction of battery, violence or force on an intimate partner; this doesn't require a visible injury. (PC 243 (e) (1).
- Infliction of "corporal punishment or injury" on a child that is "cruel or inhuman" and causes injury. California child abuse law allows parents to spank children, but the spanking cannot be cruel or injure the child. (PC 273d).
- Endangerment of a child in your care or custody; this includes subjecting a child to anything that has the potential to harm the child or, in fact, results in harm to the child. (PC 273a).
- Infliction of physical or emotional abuse, neglect, financial fraud, or endangerment to a person over the age of 65. (PC 368).
- Communication of a threat of serious harm to another to create fear. (CPC 422).
A Domestic Violence Allegation Requires the Assistance of an Experienced Domestic Violence Defense AttorneyCalifornia domestic violence laws are strict. Any time police are called to a scene where domestic violence is suspected, they are required to make an arrest when they establish that an aggressive action has occurred. Oftentimes that means that the police arrest the wrong person as a result of personal bias or unsubstantiated accusations.
If you are involved in a domestic violence situation and are arrested for that involvement, remember you have the right to consult with an attorney before talking to police. If you are arrested or charged with domestic violence, it is critical that you contact a qualified, experienced domestic violence defense lawyer as soon as possible. R. J. Manuelian is a California criminal defense lawyer you can count on to stand up for your rights and assist you with a domestic violence charge.