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What Constitutes Domestic Violence?

Posted by Dan Kann | Nov 26, 2014 | 0 Comments

March 27, 2014

Domestic violence is commonly referred to as spousal abuse or family violence because it involves violence against a partner or family member. You can face domestic violence charges in Ventura if you are accused of attacking a spouse, fiancé, boyfriend, girlfriend, or cohabitant. According to The California Women's Health Survey, about 40 percent of California women experience physical violence from their intimate partner in their lifetime. Therefore, it is a real problem in California that is taken very seriously by law enforcement officers and prosecutors.

It is important to remember, however, that not all allegations of domestic violence are valid. In fact, domestic violence charges can result from a misunderstanding or even from false allegations. California law defines many different actions as acts of violence and some people who have been convicted of domestic violence never even made violent physical contact with the alleged victim.

Under California law, it is illegal to use physical force against an intimate partner. It is even against the law to make threats to your loved one. Common domestic violence charges in Ventura include:

  • Domestic battery: Penal Code 243(e)(1) makes it a misdemeanor to inflict force or violence against a partner. The victim does not, however, have to have a visible injury for the defendant to face charges.
  • Corporal injury: Penal Code 273.5 makes it a misdemeanor or a felony to cause an injury resulting in injury or trauma.
  • Criminal threat: It is illegal under Penal Code 422 to communicate a threat of harm with the intention of causing fear.
  • Child abuse: Penal Code 273d makes it illegal to cause even a slight injury to a child.

You can face serious criminal charges in Ventura for causing harm or even for threatening to cause harm to your partner or family member. Misdemeanor convictions can result in months of incarceration, heavy fines, the creation of a criminal record, mandatory anger management courses, and even a restraining order that prevents you from living in your own home. A felony conviction can result in years of incarceration in a state prison.

It is common for Ventura prosecutors to pursue the harshest penalties allowed under the law in domestic violence cases. Therefore, some defendants face unnecessarily harsh punishments and many are accused of crimes they simply did not commit. If you are facing charges for domestic violence, it is important that you contact an experienced Ventura criminal defense attorney to better understand your legal rights and options.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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