Few individuals can trigger an emotional response like a loved one. Unfortunately, in some cases, a person may lose control, leading to a situation involving domestic violence.
In California and beyond, domestic violence cases are often punished more severely than a comparable incident involving an total stranger. In fact, Long Beach domestic violence cases are treated in a different manner from other criminal cases such as theft, drug offenses, sex crimes and assault. The state has a number of specially designated prosecutors and special domestic violence units (also called "DV units") within the District Attorney's Office and the City Attorney's office.
These special prosecutors and DV units stand ready to aggressively prosecute anyone who is charged with domestic violence. For this reason, it's essential to trust your case to an experienced domestic violence lawyer with Law Offices of Forrest R. Miller.
Domestic violence cases can be further complicated by the "he said, she said" nature of these crimes, as there are many incidents where there are no other witnesses present - only the defendant and the victim. This can complicate this type of case, requiring a defense lawyer who is adept at interpreting evidence and building a compelling defense argument based upon the available evidence, with little or no eyewitness testimony.
If you or a loved one are facing domestic violence charges, contact The Law Offices of Forrest R. Miller to discuss your legal needs. Arrange a free and fully confidential case consultation session by calling 310-279-5151.
What is Domestic Violence in California?
Domestic violence charges often occur in the midst of family law disputes over divorce issues or child custody arrangement. However, this is not the only time that a domestic violence offense can occur. Domestic violence is generally defined as an act of physical violence, threatened violence, and abuse that occurs in connection with the following types of personal relationships:
- Married couples;
- Co-habitating couples;
- A child;
- Persons who have had a child or children together (even if they are no longer romantically involved and live in separate dwellings);
- Persons who are currently or were formerly involved in a dating relationship; and
- Former spouses.
Couple in a heated argument, illustrating conflict in personal relationships related to domestic violence issues.Domestic violence crimes include a broad array of different crimes, including spousal abuse and child endangerment. Any threatening or violent act - even if the accused did not intend to harm or compromise the safety and security of the victim - could serve as grounds for prosecution under California domestic violence laws.
Examples of behavior or actions that may result in a domestic violence charge include threats, intimidation, annoying or harassing phone calls, stalking or physical abuse such as hitting, slapping, punching, pushing, shoving, kicking, biting, pinching, hair pulling or beating.
Some domestic violence cases may also involve sexual abuse, which can include unwanted sexual touching, forced sexual acts, or even criticizing or mocking an individual's sexual performance or abilities.
Verbal abuse and emotional cruelty may also serve as grounds for a domestic violence case. This can include constant criticisms, name-calling, severe emotional neglect, degrading remarks, mocking, taunting and swearing.
Domestic abuse can also include elements of financial abuse, such as withholding money from the victim, preventing the victim from getting a job or maintaining a job, prohibiting the victim from purchasing family necessities and refusing to pay the bills.
Acts of social abuse are also covered under California domestic abuse laws. Forms of social abuse can include: isolating the victim from family and friends, violating the privacy rights of the victim, opening and reading the victim's mail, monitoring and recording private phone calls and exhibiting displays of jealousy and possessiveness.
Some domestic violence cases may include an element of child abuse, such as child endangerment. Child endangerment charges can be filed if the child witnesses an act of domestic violence.
In California, domestic violence charges may be filed as either a felony or a misdemeanor. The filing decision is made by the prosecutor based upon the seriousness of the abusive behavior that is alleged.
An alleged act of domestic violence that results in severe injuries will almost always be charged as a felony. If there has been no injury or only slight injury (such as minor scratching or a mark left where a person was grabbed), the case will generally be prosecuted as a misdemeanor.
Any prior acts of reported domestic violence and any other criminal history of the accused may also influence how the case is prosecuted. An individual with a history of domestic violence may be subject to more severe felony charges in cases where a first-time offender may be charged with a misdemeanor.
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