California Domestic Violence and Domestic Abuse
Domestic violence is physical abuse committed against a spouse, a cohabitant, of the other parent of a shared child. Many times innocent people are arrested for performing acts that do not fall under the category of Domestic Violence, and therefore is not domestic violence. In the State of California all Domestic Violence and Domestic Abuse cases are prosecuted in an aggressive and severe manner, which makes it especially important that the accused hires qualified defense attorney.
What is Domestic violence? Domestic Violence is physical violence, threatened violence, and abuse which occurs in relationships:
- Married Couples (known as Spousal Abuse);
- Peaple who have a child or children in common;
- Cohabiting Couples;
- Peaple in a dating relationship or who were in a former dating relationship;
- Peaple who were formerly married to each other;
Domestic Violence cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.
In California, Domestic Violence charges may be filed as a misdemeanor or a felony. How it is filed is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed.
Domestic Violence law is complex and highly specialized. This is why it is important to hire an attorney who is knowledgeable in defending Domestic Violence cases in California.
An experienced attorney in these types of cases can successfully defend those who are accused of Domestic Violence and take advantages of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members. Speak with an experienced attorney.
If you feel you need to file a Protective Order, such as a Domestic Violence Restraining Order, a Civil Restraining Order, or Civil Harassment Order, please contact Los Angeles Criminal Defense Lawyer Edward Shkolnikov for an expert advice.