Q: What is Domestic Violence?
A: There are different types of domestic violence. California Penal Code section 273.5 makes it a crime to inflict corporal injury on a current or former spouse, cohabitant, or parent of your child that resulted in a traumatic condition.
Domestic battery, defined by penal code section 243(e)1, is a misdemeanor crime and is described as inflicting force or violence on an intimate partner such as a former or current spouse, fiance, dating partner, cohabitant, or parent of your child.
Child endangerment, defined by penal code section 273a, makes it illegal to put a child in your care or custody in dangerous situations, allowing the child to suffer harm to health and safety.
Child abuse is defined by penal code section 273d pc and states that it is illegal to inflict cruel corporal injury on a child, resulting in injury, however slight. Spanking does not fall within this crime. The punishment or injury must be evil.
Penal Code section 368 defines the crime of elder abuse as inflicting physical or emotional abuse, neglect, endangerment, or even financial fraud against a victim 65 years or older.
Criminal threats, governed by penal code section 422 pc, make it a crime to threaten someone and intend to put them in fear of injury or harm.
Q: Do I have to be married to be charged with domestic violence?
A: No. Domestic violence may occur between current or former spouses, between two persons dating, between the father and mother of a child, between two engaged persons, or between gay, lesbian, bisexual, or transgender couples.
Q: What if I did not hit anyone; would I still be arrested?
A: Domestic violence does not only consist of hitting a person. You can be charged with domestic violence if you shoved, pushed, bit, kicked, or even slightly touched the victim, so long as there was some injury to be shown.
Q: What if the alleged victim changed their mind about pressing charges?
A: It will not matter. The victim is not the one pressing charges against you; the victim is likely testifying against you, but the District Attorney is the one prosecuting you.
Q: If I was arrested for felony domestic violence, would I face felony charges in court?
A: Not necessarily. Police can not arrest someone for a misdemeanor unless the crime occurred in their presence. Therefore, the officer will likely find some probable cause to arrest for a felony, for example, an injury, no matter how slight. Later, if the district attorney determines the alleged conduct is not serious, the charges may be formally filed as a misdemeanor.
Q: How long does the court process take?
A: Generally, domestic violence cases take 2 to 4 months. The first court appearance is the arraignment, during which there is no opportunity to discuss the case; a plea of guilty, not guilty, or no contest is made. Following the arraignment, there are a few more court appearances and conferences, and therefore, the court process ranges anywhere between 2 to 4 months.
Q: What happens if I am convicted of domestic violence?
A: There are various penalties you may face due to a conviction. If charged with a felony, you can face up to 4 years in state prison, and if convicted of a misdemeanor, you may face up to 1 year in jail. Both sentences would include fines, probation, counseling, community service, restraining orders, and criminal protective orders.
Q: Do I need a Domestic Violence Attorney?
A: Yes. The prosecutor has to prove your guilt beyond any reasonable doubt. With a defense attorney by your side, you have a better chance of either walking away or receiving minimal penalties. An attorney can advise you of your chances of success and get things done on your behalf that you may need help with, especially when communicating with the district attorney.
Contact our Los Angeles domestic violence attorneys at the Hedding Law Firm and set up a free consultation. We'll talk about all the details of your case with you and lay out all your available options and any possible defenses. We will help. We will be your advocate!
