Domestic violence can be claimed in any instance where physical or verbal abuse was committed against a current or former spouse, cohabitant, partner, or child. In addition to incarceration and fines, protective orders will be granted to those considered victims of domestic violence to prevent them from having contact with the alleged abuser.
Categories of Domestic Violence in California
Being charged with domestic violence can fall under a few different umbrellas, but most commonly as battery or willful infliction of bodily injury.
- Battery is using willful and unlawful force or violence of another person, and when considered in a domestic violence situation, is weighted more heavily than other forms of battery.
- Willful infliction of bodily injury is any bodily injury that results in a traumatic condition. This traumatic condition can manifest as a wound or internal or external injury that was caused in connection with this force.
Someone that is convicted of battery in connection with domestic violence faces charges of up to one year in jail, and a $2,000 fine, and may even be sentenced to complete a batterers program and donate money to a domestic violence shelter. A conviction of willful infliction of bodily injury can carry four years in prison, a fine of $6,000, donation of funds to a domestic violence shelter, and reimbursement to the alleged victim for counseling and other costs.
If you have been accused of domestic violence, there are a few defenses you can use to prove to the court that you did not commit the crime, including self-defense. When you are defending yourself from someone attacking you, as in an instance of domestic violence, you may be able to have the charges against you dropped and hold the accuser accountable for their actions.
Wondering how you could benefit from the help of a criminal defense attorney in a domestic violence charge that has been leveled against you? Contact The Law Offices of Adam L. Pearlman for a case evaluation to get started on your defense today!