Answering domestic violence calls are among the most hazardous of their duties, say Los Angeles police officers. The volatile emotions unleashed when families are at war with each other escalate the risk of serious -- and sometimes deadly -- violence. For sheer personal risk, many officers equate answering a domestic violence call to intervening at an armed robbery.
In California last year, police officers answered 174,264 domestic violence calls and made 43,911 domestic violence arrests. Under California law, explains Los Angeles criminal defense attorney Stephen Rodriguez, domestic violence is defined as abusive behavior towards a past or present intimate partner, including spouses, ex-spouses, people who are dating, and people who have a child together, whether or not they are married or living together. Domestic violence also includes abusive behavior towards an adult family member or child. Rodriguez notes that, under California law, a child does not have to suffer direct abuse but can be considered a victim of domestic violence simply by witnessing domestic abuse. In such cases, Rodriguez says, child endangerment can be charged under California's domestic violence laws.
Also called spousal abuse, family violence and domestic abuse, domestic violence can take many forms, including physical abuse, threatened violence, emotional abuse and child abuse. California's laws governing domestic violence are complex. Depending on the extent and severity of the victim's injuries and the offender's criminal record, domestic violence defendants can be charged with either a misdemeanor or felony. A history of family violence can escalate a misdemeanor charge to a felony.
As do most states these days, California deals harshly with domestic violence offenders. Society's emphasis is on protecting the victims. If concerned about an individual's or child's safety, police are likely to arrest and remove the offender to protect the victims. Even when the truth of the matter is difficult to determine and blame may exist on both sides, as it often does, police often arrest the individual perceived to be physically stronger just to deescalate emotions. The lawyers are left to sort things out.
If you are charged with domestic violence, it is critical that you immediately contact an experienced domestic violence criminal defense attorney to represent you. Most domestic violence occurs privately within the home. Emotions escalate out of control and there is no uninvolved, calm third party to tell what happened. Only the participants truly know what occurred. Many domestic violence cases get down to a "she said," "he said" defense. It can be easy for an angry spouse or partner to "embellish" the facts to protect him- or herself at the expense of the defendant. A criminal defense attorney experienced in handling volatile domestic violence disputes can protect your interests and make sure the court gets the real facts.
