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.
Sacramento Office: 916-706-1351 | El Dorado County Office: 530-497-5921
Domestic violence is an all encompassing term describing crimes committed by one family or household member against another. The term includes, allegations of child abuse and spousal abuse but it can also include crimes by one family member against another (brother vs. brother or son vs. mother). Domestic violence can also include allegations of controlling, coercive, or threatening behavior involving spouses, dating partners or close family members. It can occur in any kind of intimate relationship -- married or unmarried, straight or gay, living together, or simply dating.
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.
Domestic violence charges will be filed based on many factors including but not limited to:
- The severity of the victim's injuries
- Whether a minor was present
- Whether a protective or restraining order was violated
- Whether there is prior history of violence within the relationship
Anyone can become a domestic violence offender or victim. While rape and murder can be forms of domestic violence, most often domestic violence consists of lesser forms of physical abuse such as slapping and pushing.
What is Domestic Battery?
Domestic battery is a crime under the umbrella of domestic violence. It is also called "spousal battery." Battery is a criminal charge when one person applies force or violence against someone else. No one has to actually be injured or hurt for the crime of battery to be committed. However, injuries that are more than minor marks or scratches can be used to elevate a battery offense from a misdemeanor to a felony.
Is Domestic Violence a Specific Crime?
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)). As a result, a person who strikes a significant other may be charged with domestic violence instead of (or in addition to) other crimes such as simple assault and simple battery. A conviction for domestic violence often results in more severe sentences than sentences for assault-type crimes involving two strangers. Domestic violence convictions also require terms and conditions of probation that include special protections for past (and potential) targets of domestic abuse as well as the requirement that the abuser attend domestic violence specific classes.
Charged with Domestic Violence?
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Sacramento Office: 916-706-1351 | El Dorado County Office 530-497-5921