California’s “mandatory arrest” policy requires law enforcement to make an arrest when they respond to a domestic violence call. They are obliged to diffuse the situation by placing one of the parties under arrest. If you have found yourself in this situation, it is important to know that there is still a good chance that your arrest will not result in criminal charges. However, you will require the services of an experienced criminal defense lawyer. Give our firm a call to learn how we can assist you today. We are prepared to fight for your rights in court.
What is domestic violence?
Domestic violence is a term used to describe crimes committed by one family or household member against another. Domestic violence includes allegations of child abuse and spousal abuse as well as crimes by one family member against another such as two brothers or a son and a mother. This violence can occur in any kind of intimate relationship and deals with allegations of coercive, controlling, or threatening behavior involving married, unmarried, dating partners, close family members, and those living together.
Domestic violence charges will be filed based on many factors including the severity of the victim’s injuries, whether a protective or restraining order was violated, whether there is a prior history of violence within the relationship, and whether a minor was present.
What is domestic battery?
Domestic battery is also referred to as spousal battery which is a criminal charge issued when one person allegedly applies force or violence against someone else. Injuries that are greater than scratches or minor marks can be used to elevate battery offenses from a misdemeanor to a felony.
What are domestic violence offenses charged as in California?
Domestic violence offenses are charged as a distinct crime which means that a person who strikes a significant other may be charged with domestic violence instead of other crimes. This conviction can result in severe sentences compared to a simple assault and simple battery charge. Domestic violence convictions have required terms and conditions of probation that include special protections for past targets of domestic abuse as well as the requirement that the abuser attends DV classes.
If you are facing these consequences, reach out to our experienced criminal defense attorney today to learn how we can assist you.
Contact our experienced California firm
Whether you’ve been injured in an accident due to negligence or you’ve been charged with a crime, you cannot afford to proceed without strong legal representation at your side. Here at The Law Offices of Dale R. Gomes, we are dedicated to helping all those in need of an attorney who can efficiently fight for their rights. Contact our firm today so we can discuss your case.