Domestic Violence And Spousal Battery

Domestic violence, also called spousal abuse or spousal battery, refers to violent physical acts committed between spouses, ex-spouses, co-habitants, or people in a current or former dating relationship. Alleged victims of domestic violence often recant, or change their mind about pursuing the case. Unfortunately, under California law even if the alleged victim recants his or her story, or does not wish to pursue the case, only the prosecutor, or the judge, can dismiss the charges.

Other common charges which often accompany domestic violence cases are:

• great bodily injury allegation
• stalking
• criminal threats
• violation of a restraining order
• child abuse
• child neglect
• elder abuse
• child endangerment

The alleged spousal abuse or battery may be directed against a variety of people, including:

• ex-spouses
• people formerly in a dating relationship
• fiancées
• former cohabitants
• partners
• people with children in common

Possible Penalties for Domestic Violence

Under California law, domestic violence can be charged as either a felony or a misdemeanor, depending on a variety of factors such as: the extent of the violence, the severity of the alleged victim's injuries, the criminal history, or lack thereof, between the two parties.

In California, a conviction for domestic violence can destroy your future. Such a conviction carries extremely harsh penalties including:

• up to 1 year in jail or 4 years in the state prison
• informal or formal probation period
• 1 year domestic violence counseling
• 1 year parenting counseling
• heavy fines and fees up to $6,000
• a three year criminal protective order prohibiting any contact between the involved parties
• additional jail or prison time for 2nd time and 3rd time offenders

Furthermore, someone who violates a court order, issued in conjunction with a domestic violence case, may be charged with a separate misdemeanor for an alleged violation of the court order, and will face additional penalties including:

• mandatory counseling
• heavy fines
• up to 1 year in county jail

Therefore, it is crucial that you consult with a skilled, experienced, and compassionate domestic violence attorney regarding all your legal options.

Finding a Top-Rated Domestic Violence Lawyer

A knowledgeable domestic violence lawyer understands that there are many fabricated cases of domestic violence and will evaluate your case for all possible defenses. Common motives to fabricate charges include:

• introduction of a new girlfriend (or boyfriend) and consequent jealousy by the alleged victim
• a desire by the alleged victim to gain leverage in a custody battle
• a desire by the alleged victim to gain leverage in a divorce
• greed and desire for financial gain

If you have been charged with, or are under investigation, for a crime of domestic violence, it is important to seek legal counsel who can assess the case and the possible penalties involved.

Contact Us

Experienced criminal defense attorneys understand the many kinds of situations that give rise to domestic violence charges. The Los Angeles Law Offices of Karen L. Goldstein helps clients understand their legal rights in domestic violence situations so they can make clear decisions about how to proceed. Contact The Law Offices of Karen L. Goldstein today for a free, confidential consultation: (888) 445-6313.