When it comes to domestic violence, California already has special rules that have been put in place to combat this heinous crime. Domestic violence may consist of anything from threatening, stalking, abandoning, inflicting any kind of physical injury, or damaging of property. And as for the rule governing domestic violence, these crimes are distinguishable. They are of different types as mentioned above.
There are laws meant to protect victims who suffer from corporal injury from their current or former intimate partners. The California Penal Code can either be filed as a felony or simply a misdemeanor.
1. Domestic violence reports
In most instances, you may not entirely understand even what is mentioned in the police report regarding domestic violence. Men and women who are accused of inflicting violence are sometimes the victims of the crime. That is where you can make your judgment saying that the domestic violence system isn’t entirely 100% perfect, or even close to it, based on some arrests that the authorities may end up making.
In some situations, you find that these investigatory decisions are made based on the superficial factors only – not looking at the facts behind the scenes. For example, if the perpetrator calls 911 first on the victim or even looks to be more upset or had more apparent physical or any other kind of injury, there will most likely be a bias. In some situations, gender bias may
even come to play. Simply put, the time has come where abusers can now manipulate the system to their advantage.
2. The prosecutor’s charge
Before any judgment is ruled on the abuser, the victim plus his/her prosecutor first need to convince the jury, beyond any reasonable doubt, that corporal punishment was inflicted by an intimate partner. Only then, will the case even be considered to be a domestically violent crime. Distinguish whether the injuries were willful or intentional on the intimate partner. And whether it has caused any traumatic condition to the victim of the crime.
3. Did the injury sustained cause any traumatic condition to the victim?
Some people get angered pretty quickly and are light on their hands. Before they even notice it, their hands and/or feet are flying about hitting their partners. But even so, you still need to prove to the DA whether or not the strike was meant to cause the victim and unintended injury or not. Remember, though, that it is your actions that caused the victim to suffer any injuries in the first place.
4. Legal Defenses
You can use any number of the defenses mentioned below depending on the manner of your domestic violence case.
- Lack of willful intent
- False accusations
- Lack of proof
Penalty enhancement situations may include:
- Prior convictions
- Great bodily injury
- Child endangerment
- Elder abuse
Do you have a question about domestic violence? Click here to contact Von Esch Law today!