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Orange County Domestic Violence Lawyer
A family unit is very important to the building up of a nation but a disunited family could bring about the downfall of the nation. The latter could happen through abusive actions within the family unit known as domestic violence. Such abuses could be physical, mental or emotional in nature to tear down the general good health and spirits of the individuals and family members. Hence, these are identified as criminal offenses in California where domestic violence is prosecuted tersely.
It is unlawful in California to commit various kinds of abuse including:
- Criminal threat
- Domestic rape
The alleged victim could be:
- A fiancé
- A spouse
- A cohabitant
- A dating partner
- A parent of child
These are deemed to be family related members and any act of violence on these alleged victims are subject to the California domestic violence laws that bring on heavy and serious implications with stiff penalties.
California Legal Proceedings with Domestic Violence
Nearly every city or town in California has district attorney offices with a special unit that handles domestic violence cases. The assigned unit is appointed to prosecute the alleged offender with the stiffest of penalties from heavy charges with or without the consent of the accuser to press charges.
This is the intensity of the prosecution to curb domestic violence in California in order to promote a strong family unit that is crucial to the strengthening of the nation. It is not surprising then to note the frequent jail time penalty imposed on domestic abuse convictions whether it is a first time or repeat offense.
Wrong Implications of Domestic Violence
However, there could be occasions where innocent individuals are accused for one reason or another. It could be a false accusation or an allegation of domestic abuse towards the unfaithful spouse. Accusations could spring up to secure mileage in an upcoming divorce or gain leverage on child custody.
A domestic violence could be wrongly construed by the arresting police in the following situations:
- An accident
- Self-defense in a mutual struggle
The alleged domestic battery defendant would benefit with the professional legal assistance of competent lawyers specializing in this area to ensure a dismissal of the charges which could impose heavy penalties. Skilled California domestic violence lawyers are diligent in their independent and thorough investigations of the case to identify facts with solid proofs.
California Domestic Violence Laws
There are several California Penal Codes to cover the various aspects of domestic violence.
Penal Code 273.5 PC refers to corporal injury to a spouse/cohabitant which protects the intimate partner from any physical violence that could prove traumatic. A violation of this law is clearly seen in any visible injury such as bruise or swelling as a sign of physical abuse or violence regardless of size or intensity.
Penal Code 243 (e) (1) PC refers to domestic battery which is considered a misdemeanor in inflicting any violence or physical force on an intimate partner regardless of legal bonds. There is no requirement of a visible injury to charge the offender of this crime.
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