Under California’s Penal Code Section 273.5, it is considered a criminal act of domestic violence when a person’s willful conduct precedes a “corporal injury resulting in a traumatic condition” that is underwent by a person with whom the other has an intimate relationship with. It is also defined as abuse or even verbal threats of abuse whether married, used to be married, dating, used to be dating, living together, used to be living together, the parent of shared child or familial blood. Domestic abuse is classified as:
- Causing a person fear that they or someone they know will be hurt (threats)
- Stalking, physical violence or harassing behavior, including destroying of one’s belongings or property
- Physically harming or intending to harm a person with threats
Abuse comes in multiple forms. Physical violence in not the only form of domestic violence. Abusive behavior can also be psychological, emotional or verbal. Controlled is the reason domestic violence occurs in order to take power over the person that is receiving the abuse. If a person is in fear of their or their children’s lives, there are domestic violence counselors throughout the state that will assist. An order of protection or restraining order may be necessary. A victim of domestic violence may be applicable for a restraining order if they meet the following:
- A person has threatened to or actually abused them AND
- There is a closeness in relationship with the abuser including: married or registered partners, separated or divorced, dating or used to date, cohabitants or use to be cohabitants, parents of a child OR closely related including parent, child, brother grandmother, sister, in-laws or grandfather.
There are several types of restraining orders. These include civil harassment, workplace violence as well as elder abuse restraining order. These restraining orders can offer the following protections from the suspect:
- Have no contact nor go near victim, cohabitants or relatives
- Not legally possess a firearm
- Move out of shared home
- Pay child support as well as spousal support
- Transfer rights to a cellular phone number
- Follow child visitation orders and custody
- Not go anywhere near home, children’s schools or home
- Complete 52-week batterer intervention program
- Not sustain large expenses
- Release of specific properties
- Not allowed to make alterations to any and all insurance coverages
If the victim moves out of the state of California, they must notify the new local police department to make them aware of your court restraining order. If someone moves to California with an active restraining order from another state, the court order will be upheld as well as enforced. The penalties of domestic violence are dependent on the severity of the case and injuries as well as the suspect’s previous criminal history. Typically most counties in California enforce a minimum of 30 days incarcerated, regardless of first-time misdemeanor sentences.
The Law Offices of Kerry L. Armstrong come equipped with the best lawyers in order to represent and defend the accused on all domestic violence crime convictions. The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.