Domestic Violence Carries Stiff Penalties
Posted on June 2, 2008
Filed Under Criminal Law, Domestic Violence, Law |
It wasn’t that long ago that our country looked the other way in matters of spousal abuse and domestic violence. Today, numerous laws have been enacted to protect the rights of wives and husbands from being abused by their spouses. Domestic violence is considered a unique crime in California that carries severe consequences for those accused and convicted.
Domestic violence includes physical violence, threatened violence and abuse that occur in relationships. When such violence occurs between married couples, it is called spousal abuse. However, domestic violence laws also apply to ex-spouses, cohabiting couples, people who have a child in common, even those in a current or former dating relationship.
Domestic violence cases receive special treatment under California law. Designated prosecutors direct Special Domestic Violence Units in the prosecutor’s office to aggressively prosecute anyone charged with Domestic Violence. Even when there is no intent to harm, an action perceived as a violent or threatening act can be prosecuted as domestic violence. Some examples include: annoying phone calls, following the victim, name calling, swearing, pushing, hair pulling, criticizing sexual ability, refusing to pay bills, opening and reading the victim’s mail, listening in on phone calls, etc. While these can represent serious threats to a person, it is also easy to see how such accusations can be abused in an acrimonious divorce, for instance. Even when unfairly made in the heat of anger, it can be extremely difficult to get domestic violence charges dropped when you cool off.
Domestic violence can be charged as a misdemeanor or upgraded to a felony. Jail, counseling, community service, physical labor, fines and other penalties may apply. Domestic violence is a serious charge that requires the services of a domestic violence defense attorney. For information in Spanish, visit our Spanish-version website at Abogados-Defensapenal.com.
-LegalPro
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