Irvine Domestic Violence Lawyer
Irvine Domestic Violence Attorney – Aggressive, Affordable & One Of The Best DV Defense Experts Getting Your Cases Dropped Or Reduced All Over OC Courts
In California, it is not legal to commit criminal threat, battery or assault against another person. If the victim in the case is a parent of a child, a dating partner, a cohabitant, a spouse or fiancée, the domestic violence laws can make this allegation even more serious.
In California, every DA’s office has got a very special unit that is entirely dedicated to the prosecution of such domestic violence cases. Usually, a case will still proceed even if the one accusing recants or even insists that the charges be dropped. In many counties, domestic abuse convictions get jail term, even for the first offense cases that are considered as misdemeanors.
In some cases, a person can be accused wrongly of committing the domestic violence crime in the state of California. In some cases, an accuser can actually make some allegations that can be false about domestic abuse because of jealousy and anger so as to gain an upper hand in the custody of a child or divorce proceedings.
What the police see as domestic battery can actually be an accident or a person can be arrested, but he/she can say the action is self-defense when they had a mutual struggle.
Regardless of the situation that presents itself, you need an attorney who can make a deeper investigating into the facts that surround the story and present this in court to the judge and the prosecutor or the jury in case the case is taken to trial.
The domestic violence laws
Under the laws of California, it is illegal to apply physical force or to give harm threats against a partner in an intimate relationship. The most domestic violence crimes are:
• Under penal code 273.5 corporal injury of cohabitant or spouse. Here, it is illegal to inflict any sort of corporal injury that results to traumatic condition. This crime is committed by striking an intimate partner in a violent way and resulting in an injury that is visible even if it is a small bruise or swelling. The law can be applied if the victim is a former or current spouse or a cohabitant or your child’s parent.
• Under penal code 243 (e) (1) PC domestic battery states that it is actually a misdemeanor to inflict violence or inflict force on your intimate partner. This category includes parent of your child, cohabitant, fiancé, dating partner or former spouse. This category doesn’t need any visible injury.
• Penal code 273d PC defines child abuse. It is illegal to inflict injury or corporal punishment on a child where it was inhuman or cruel and resulted in an injury even if it was even slight. The laws allow a parent to spank a child with reasonable latitude, but a line should be drawn where such a punishment is cruel or caused some injuries to the child.
• Penal code 273a PC covers child endangerment, which makes it unlawful to allow children under your care willfully to suffer some harm or to have their health or safety endangered. An example is where a woman permits her boyfriend to beat her own child or a parent operating a dangerous leap within the home.
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