WHAT CONSTITUTES DOMESTIC VIOLENCE IN CALIFORNIA?

If you have been charged with domestic violence, the first thing you need to know is that the charges are actually quite broad. Each state has different laws that determine what domestic violence actually is. Here are a few things you need to know about these charges in California courts:

The Basics of Domestic Violence

Domestic violence is generally an act committed against somebody who lives in your home or with whom you have an intimate or family relationship with. This could be a spouse, ex-spouse, roommate, ex-roommate, person with whom you share a child, or a person you are dating.

Typically, you do not necessarily have to have caused harm to actually be charged. In some cases, people are charged with domestic violence for a shove or unwanted touch. This depends on evidence available to police at the time charges were filed as well as statements made by those involved.

Types of Domestic Violence Charges

Different charges are applied based on the severity of harm the victim experiences. Domestic violence is a type of battery in which one person uses “willful” and “unlawful” force against somebody. In most cases, the Penal Code Section 243(e) applies in familial situations; however, Section 243(d) applies in cases of severe harm. Depending on the situation, additional charges may be filed. In some cases, domestic violence committed in front of children comes with its own set of charges.

Generally, self-defense is used to combat domestic violence charges. Do you still have questions about your legal situation? Contact us to learn about your options.

Leave a Reply

Close Menu