Domestic Violence
Recently, due to high profile domestic violence cases, California laws regarding domestic violence have undergone serious changes.
Domestic violence charges can be filed as misdemeanor or felonies depending on the allegations, the accused prior record for violence and the injuries, no matter how minor.
Spousal Battery
is defined as:
- Willfully and unlawfully touching
- A spouse or person whom accused is cohabitating with or
- A person whom is the parent of the accused child or
- Former spouse or A person whom the accused has, or had, a dating relationship
And that the accused did not act in self-defense or defense of others
This offense does not require the district attorney to establish that the alleged victim had suffered any actual injuries..
Inflicting Corporal Injury on
Current or Former Spouse or Cohabititant
defined as:
- Willfully inflicts corporal injury
- Resulting in a traumatic condition
- Upon a spouse or former spouse, cohabitant, former cohabitant or
- Mother or father of his or her child
Traumatic is defined as:
- A condition of the body
- Such as a wound or external or internal injury
- Whether of a minor or serious nature
- Caused by a physical force
Therefore, a serious scratch on the alleged victim's body could be looked at as a “traumatic” injury.
Other restriction is not allowing possession, ownership, or using a firearm and a protective order may be ordered by the court.
Violation Of A Court, Protective Or Stay Away Order
a misdemeanor, is defined as:
- A court lawfully issues a written order
- The court order was a protective/stay away order
- Issued in a criminal case involving domestic violence
- The accused knew of the court order
- Had the ability to follow the order
- Willfully/intentionally chose not to follow it
Elder And Dependent Adult Abuse
is defines as:
- Inflicting unjustifiable physical or mental pain or
- Caused or permitted the pain or
- While having custody, caused or permitted the pain or
- While having care or custody willfully caused or permitted the victim to be placed in a situation where person or health was endangered.
Child Abuse
Same as Elder abuse under California penal Code Section 273a(a)
There are more serious child abuse charges which are not listed here.
If you have any further questions or have recently been charged with any of the above offense contact our office for a
free consultation at:
949.487.3140 760. 481. 8989 619. 342. 6344
For more information please visit our
"Call Today And I Will Respond Within The Hour"
Cherie L. Brenner
