Domestic & Difficult Family Matters

According to California Penal Code Section 13700, Domestic Violence is the abuse of a person directed towards:

1. Spouse, or
2. Former spouse, or
3. Cohabitant,
4. Former cohabitant or
5. Person with whom a suspect has or had an unborn child
6. Person with whom a suspect has or had a dating or engagement relationship.

Both adults and minors can be victims of domestic violence.

Cohabitants, as defined in this section, are two adults who are not related and have lived together for an extended period of time. There must be a sense of permanency between them.

Here are a few indicators that suggest two people are living together as cohabitants:

1. They both engage in a sexual relationship while residing in the same apartment.
2. They share income or expenses.
3. They jointly use or own property.
4. They present themselves as spouses.
5. They have maintained a long-lasting relationship.

Abuse is a deliberate or reckless act in which someone causes or tries to cause bodily harm. It also includes situations where a person’s actions cause another to feel frightened about their safety.

The most common criminal charges for domestic violence filed by district attorneys include corporal injury or battery to a spouse, cohabitant, or other family member in violation of Penal Code section 273.5; domestic battery, in violation of Penal Code section 243(e), and criminal threats, in violation of Penal Code section 422.

If you’re not an American citizen and you’ve been charged with domestic violence or accused of it, you could face deportation. It’s crucial to hire a domestic violence lawyer to fight these charges, among other reasons. Even before the District Attorney files any charges, a California domestic violence lawyer should begin working on your case. Contacting us as soon as possible allows us to be more effective in helping you.

When police officers respond to a domestic violence incident, they create thorough police reports, gather witness statements, and conduct criminal background checks on the individual arrested. It’s essential to promptly seek legal counsel from a California domestic abuse defense attorney. The police report the incident to the District Attorney’s Office, where a prosecutor may decide whether to file criminal charges for domestic violence.

The prosecutor will determine whether there is enough evidence to proceed to court. The law enforcement agency will attempt to interview your partner or spouse to understand why they may have changed their stance. Domestic violence advocates may also provide support to the complainant.

Not necessarily. Your defense attorney will play a role in influencing the charges that the prosecutor files. The charges filed will depend on the specific facts and circumstances of your case, as well as any pre-filing interventions conducted on your behalf. When you hire a Los Angeles domestic abuse defense attorney to handle your case, it is common for felony charges to be reduced to misdemeanors. If there is insufficient evidence, the case may be dismissed.