Domestic Violence FAQ
What is Domestic Violence?
According to California law, domestic violence is a pattern of behavior which often involves the physical, mental or verbal abuse of one partner against another in an intimate relationship such as marriage, dating, cohabitation or within the family. This can take many forms:
- Physical - biting, kicking scratching, shoving, restraining, slapping, battery
- Threats - of violence, sexual abuse, and more
- Controlling behavior and intimidation
- Emotional abuse
What are the Domestic Violence Penalties?
Penalties for domestic violence in California include fines, jail time, restraining orders, probation, restitution and more. The specific fine depends upon the severity of the criminal accusation. For example, a one time incident against someone who is of age will be prosecuted differently than a pattern of abusive behavior against a minor. In either case, it is vital to have a qualified criminal defense attorney fighting on your behalf. Domestic violence charges can be filed as a misdemeanor or felony criminal offense. If you have a criminal history of reported domestic violence, you case will usually be filed as a felony case.
Who can be arrested for Domestic Violence?
While the stereo type is for males to be arrested for hitting their wives, anyone can be charged with domestic violence, male and female, young and old. If someone is accused of hitting or abusing their parent, they can be arrested for that abuse. If a wife regularly abuses her husband or their children, she too can be arrested. At Eisner Gorin LLP, we have seen people of all ages, ethnicities and walks of life arrested for domestic violence charges. Spousal abuse and child abuse might be the most well-known, but marital rape, elder abuse, financial elder abuse and more charges can be brought by the police.
Contact an Experienced Domestic Violence Defense Lawyer
California law regarding domestic violence can be vague and complex. For this reason, you will need to retain a qualified and knowledgeable defense lawyer who has experience defending clients in all types of domestic violence cases. With our decades of combined experience in criminal law, we understand how to build an effective legal defense and to explore alternatives to jail, such as counseling and probation. By contacting our law firm early in your case, you will give yourself the best chance of a favorable outcome. You consultation is free, so call us immediately to discuss your case.