How California Domestic Violence Laws Work
Posted on December 18, 2007
Filed Under Criminal Law, Domestic Violence |
Domestic abuse charges can be brought against more than just married
couples. Any couple living together, any dating couple, or any two
people who have a child together can be charged with domestic abuse.
This includes the ex-husband or wife and the ex-boyfriend or
girlfriend, or anyone you had a child with even if you don’t live
together.
Domestic violence laws in California cover more than violent acts of
beating or hitting. Threats, harassment, stalking, verbal or
emotional abuse, financial abuse (e.g., refusing to pay bills),
listening in on phone calls or reading the other person’s mail can all
be considered domestic violence. If a child witnesses any of these
acts, this can be considered child endangerment, which will be an
additional charge.
Domestic violence or abuse can be considered a misdemeanor or a felony
depending on the severity of the incident and whether or not there
have been any prior charges. Abuse involving broken bones or bloody
injuries will almost always be considered a felony even on a first
offense.
A misdemeanor charge for domestic violence in California can result in
up to 6 months of county jail time plus fines, 40 hours of community
service, a 52-week counseling program. The abuser will often be
required to move out or stay away from the victim.
For felonies, all of the above can apply, but the jail sentence will
be longer. Felony charges for domestic violence in California can get
the abuser from 3 months in county jail to three years in state
prison.
This means if a neighbor overhears a fight and calls the police, the
abuser can be arrested even if the victim says he or she doesn’t want
to press charges. Even if the victim wants to drop the charges, the
prosecutor can go ahead with the case. The California domestic
violence laws consider the victim only to be a witness in the case.
The prosecutor is the only one who can drop the charges.
If you are arrested and charged with domestic violence and/or child
endangerment, it is important to contact an attorney experienced in
dealing with this complex area of law. A qualified attorney can help
you get probation or counseling rather than jail time.
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One Response to “How California Domestic Violence Laws Work”
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hey its very shocking to hear that Developed countries have these kind of Domestic violence .
The blog is very useful to know about the charges for domestic violence.