If you or someone you know has experienced any form of domestic violence, you may be wondering, how do domestic violence cases work in California? Unfortunately, domestic violence can come in many forms and often leaves victims feeling too vulnerable to take legal action. However, taking legal action is one of the strongest steps you can take to protect yourself and your loved ones from future violence.
Whether you are a victim of domestic violence or have been falsely accused of domestic violence, you can benefit from speaking with a Pasadena domestic violence attorney. An attorney can review your specific case, answer any questions you may have, and advise you on the necessary steps that you should take.
Understanding Domestic Violence in California
Domestic violence happens when someone is threatened or assaulted by someone with whom they have a close relationship. This can include spouses, partners, people who are dating, roommates, family members, and more. Domestic violence is a serious offense in the state of California and can result in extensive jail time and fines if an individual is convicted of it.
Domestic violence can reveal itself in the form of:
- Threats
- Stalking
- Emotional abuse
- Physical harm
- Damages to one’s possessions
- Financial abuse
What Does California Law Say About Domestic Violence?
Domestic violence is a broad offense. Because of this, there are a variety of laws that discuss it. The most commonly used law that governs domestic violence is Penal Code 273.5. This law states that it is illegal to willfully inflict injury on a family member, spouse, cohabitant, or any other family member, especially if it results in a traumatic condition. If convicted of this charge, an individual could face up to four years in prison and a fine of up to $6,000.
What Should You Do If You’re a Victim of Domestic Violence?
If someone believes they are a victim of domestic violence, they should call the police immediately and report the incident. They should then speak with a qualified domestic violence attorney who can help them understand their rights and legal options. An attorney can not only assist you in filing a claim against your abuser, but they can also assist in filing Orders of Protection as well.
To secure a conviction, prosecutors must prove that an act of violence occurred. Evidence can include:
- Photos of the injuries or damages. This is the most common type of proof used in court. It can be helpful to provide descriptions of the incidents next to each photo when presenting to the judge.
- Screenshots of text messages, emails, or other forms of communication.
- Medical records.
- Police reports.
- Witness testimonies.
Defenses Against Domestic Violence
Some of the most common defenses used against domestic violence charges in California include:
- The defendant acted in self-defense.
- The victim had ulterior motives. For example, the victim could be bringing forth the case as a means to get custody of the children.
- The allegations are false.
- There was police misconduct.
- The act was unintentional.
How Can a California Domestic Violence Attorney Help You?
Working with a domestic violence attorney is beneficial in a variety of ways. An attorney could help you negotiate a lesser charge through a plea bargain, get your sentence reduced, or even get your charges dropped completely. The court takes domestic violence crimes very seriously, and the punishments can be heavy. Speak with an attorney immediately if you have been accused of domestic violence or if you need help getting protection from an abuser.
FAQs
Q: How Long Do Most Domestic Violence Cases Last in California?
A: The amount of time it takes to resolve a domestic violence case can vary. Some cases may be resolved within a couple of months, while some may take several years. The length of time your case takes to complete will depend on its complexity and the specific details of your claim. Other factors that may impact the length of your case include whether children were involved, how severe the injuries were, and more.
Q: Can a Domestic Violence Case Be Dismissed in California?
A: While it is possible for a domestic violence case to be dismissed in California, it is not common. Reasons for dismissal can include insufficient evidence, inconsistent statements, the absence of visible injuries, or the absence of any credible witnesses. A case may also be dropped through a drop charge request or reject request letter. An experienced domestic violence attorney can help you draft this letter and better understand your options moving forward.
Q: Does CPS Get Involved in Domestic Violence Cases in California?
A: CPS may get involved in a domestic violence case in California if there are children involved. This is because any allegations of neglect or abuse toward children trigger engagement from CPS, regardless of the case type. If it’s discovered that the children are in serious danger, CPS may even start a case. If your situation gets to this stage, your children may be removed from the home, and a court may decide whether parents are fit to care for the children.
Q: What Percentage of Domestic Violence Cases Get Dismissed in the USA?
A: There is limited credible data that details how often domestic violence cases get dismissed in the USA. However, there are several examples of domestic violence cases being dismissed across the US. If you have the right attorney on your side, you may be able to fight to get the charges against you dropped. Many cases are dismissed because the victim no longer cooperates, there aren’t enough witnesses, or there is not enough evidence.
Khalaf Law Group: A Trusted Family Law Firm
Whether you need help filing a domestic violence claim or you need a defense against a domestic violence charge, you should always retain an attorney who can protect your rights. Regardless of your situation, any domestic violence case can come with serious consequences and lifelong impacts. To ensure your voice is heard and represented in court, do not wait to retain a trusted domestic violence lawyer.
At the Khalaf Law Group, our legal team is dedicated to serving California residents. We can help you resolve your case in a manner that is favorable to you. With our demonstrated compassion, dedication, and determination, you can rest assured that your case is in adept hands. Contact us today to schedule a consultation.
