How Does California Define Domestic Violence? What Are The Criteria?
California defines domestic violence as a willful infliction of corporal injury resulting in a traumatic condition on a person who is the offender’s spouse or former spouse, cohabitant or former cohabitant, fiancée, ex-partner, dating partner, or family member.
When Police Are Called To The Scene Of An Alleged Domestic Violence Incident, Is An Arrest Always Made?
Whether an arrest will occur at the scene of an alleged domestic violence incident will depend on the circumstances. Before the officers arrive at the scene, they will already have some information based on the 911 call. Once they arrive, they will speak with and detain the alleged offender. These interviews are usually recorded via the officer’s body cam. The officers will also determine the nature and extent of the injuries. If the offender is no longer at the scene, then the officers will interview the people who are at the scene, as well as look for the offender in the area, or go to the offender’s address if it is known. Since the offender will not always be at the scene of the incident, an arrest will not always be made.
- What Happens In The First Few Hours And Days Following An Arrest For Domestic Violence?
- What Evidence Is Helpful To A Criminal Defense Attorney In A Domestic Violence-Related Case? What Can And Should A Client Share With His Or Her Attorney?
- If Someone Takes Their Case To Trial And Loses, Will Sentencing Be More Severe Than It Would Have Been Had They Taken A Plea?
Does An Alleged Physical Altercation Have To Have Taken Place In Order For An Arrest To Be Made Or Is A Threat Of Violence Enough?
A physical altercation is not necessary in order for an arrest to be made. Threats can justify the filing of a criminal threat charge, which can be a misdemeanor or a felony. In addition, simply touching or pushing someone could result in domestic battery charges. Depending on the particular jurisdiction, sentences for these crimes vary.
When Called To The Scene Of A Domestic Violence-Related Incident, How Does Law Enforcement Determine Who The Aggressor Was?
To determine the identity of the aggressor, the officers will gather information from the 911 dispatcher and through observations made via interactions with those involved, as well as any witnesses. In some cases, both parties are deemed aggressors. If the police cannot determine the identity of the aggressor, then both parties might be arrested. The determinations made by police officers are not always correct. Domestic violence situations involve high levels of emotion, so the officers don’t always have an exact understanding of what transpired.
I’ve Just Been Arrested On Charges Related To Domestic Violence. What Exactly Am I Being Charged With?
There are multiple types of domestic violence-related charges. One is the domestic battery, which is a misdemeanor. A domestic violence charge is different than the domestic battery and could be charged as a felony or misdemeanor depending on a number of factors, including prior domestic violence charges, the nature and extent of the injuries, and the background of the parties. In some cases, the defense counsel can intercede and speak to the prosecutor between the time of the arrest and the first court date. The primary counties where we represent clients are Los Angeles, Orange, Ventura, Riverside, and San Bernardino.
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