In California domestic violence offenses are charged as a distinct crime (Cal Penal Code section 273.5 and Cal. Penal Code section 243(e)(1)). Unfortunately being arrested for a domestic violence offense is more common than ever. However, being arrested and booked for a "felony" domestic charge does not necessarily mean that you will have to go to court and face domestic violence charges. Because of "mandatory arrest" policies within California law enforcement agencies, when a law enforcement agency responds to a domestic violence call, the officers are 'required' to make an arrest. That is right, when the officers arrive at your home, they are assessing immediately, "WHO IS GOING TO JAIL". This is so because they are required to diffuse the situation by placing one of the involved parties under arrest and taking them to jail. If this was you, DO NOT DESPAIR. There is a good chance that your arrest will not result in criminal charges being filed. But you do need the advice of an experience attorney and the Law Offices of Dale R. Gomes will provide you the advice you need just after your arrest FREE OF CHARGE. Take advantage of our free consultation to figure out if you really need to spend your hard earned money on a defense attorney before you ever spend a dime. Call and speak personally to Dale R. Gomes today.
California defines domestic violence in Penal Code section 13700, “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.