A lot of people don't think anyone should be able to obtain defense counsel for domestic violence allegations.
While we all know that such conduct exists, it would be unfair to say that every case of domestic violence is actually true.
Not every alleged accusation of any crime is necessarily true, and thus the client is presumed innocent UNTIL proven guilty. (In England it's backward, one is PRESUMED guilty, until proven innocent.)
Because of the ramifications in DV cases, ALL accused persons of alleged DV conduct should immediately obtain defense counsel. Assuming you may not want the Public Defender, then it's a given that you should seek help elsewhere. Below are some of the laws involving alleged violence.
If you have been accused of a DV related crime, contact attorney herein for free consultation...(phone number is listed in the TITLE of this site)
California Domestic Violence Laws
California domestic violence laws make it illegal to use physical force--or to communicate threats of harm--against an intimate partner. These are the most common DV crimes:
Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant -- Penal Code 273.5 makes it illegal to inflict a "corporal injury" resulting in a "traumatic condition." A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child.
Penal Code 243(e)(1) Domestic Battery -- Penal Code 243(e)(1) makes it a misdemeanor crime to inflict force or violence on an intimate partner...a category that includes your fiancè, cohabitant, the parent of your child, or your current or former spouse or dating partner.
Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.
Penal Code 273d Child Abuse -- Penal Code 273d makes it a crime to inflict "corporal punishment or injury" on a child if it was "cruel or inhuman" and caused an injury (even a slight injury). California child abuse laws allow a parent reasonable latitude to spank a child, but draw the line where the punishment is cruel or injures the child.
Penal Code 273a Child Endangerment -- Penal Code 273a makes it a crime willfully to allow a child (in your care or custody) to suffer harm or to have his/her safety or health endangered. An example would be a mother who permits her boyfriend to beat her 6-year-old; or a parent who operates a dangerous meth lab in the same home where his/her child lives.
Penal Code 270 Child Neglect/Failure to Provide Care -- Penal Code 270 makes it a crime for a parent to fail to provide necessities (like food, shelter, medical care, etc.) to his/her minor child, willfully and without a lawful excuse. For example, a mother might be charged with child neglect/failure to provide care for not providing sufficient food to her children.
Penal Code 368 Elder Abuse - Penal Code 368 makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim 65 years of age or older. The crime is usually charged against caregivers, but can also be charged against anyone who commits these sorts of offenses against a senior citizen victim.
Penal Code 422 Criminal Threats -- Penal Code 422 makes it a crime to communicate a threat of serious harm to someone if (1) you intend to put the person in fear,
and (2) you
actually do put the person in sustained fear. Criminal Threats may be charged as a misdemeanor or a felony. As a felony, it counts as a strike under
California Three Strikes Law.
Penal Code 591 Damaging a telephone line -- While not strictly speaking a domestic violence crime, Penal Code 591 damaging a telephone line is often charged along with other domestic violence offenses. This law makes it a crime to cut or otherwise damage a phone line or phone equipment. In domestic incidents, there are frequently allegations that the defendant damaged phone equipment in order to prevent the alleged victim from making a phone call. PC 591 may be charged as a misdemeanor or a felony.
Penal Code 601 Aggravated trespass - Aggravated trespass is a bit like the
crime of trespass plus criminal threats. You can be charged with this offense if you make a threat against someone that causes him/her to reasonably fear for his/her physical safety and then,
within 30 days, enter his/her home or workplace to carry out the threat. Aggravated trespass is often charged along with other domestic violence offenses. It can be either a misdemeanor or a felony.
Penal Code 647(j)(4) Revenge porn - While not traditionally thought of as domestic violence crimes, certain forms of cyber-harassment are increasingly charged along with domestic violence crimes. As troubled romantic relationships increasingly play themselves out online, this will become only more common. PC 647(j)(4) revenge porn is a good example.
You can be accused of this misdemeanor offense if you intentionally distribute sexual photos of another person (such as an ex-girlfriend or ex-wife), with the intent to cause him/her emotional distress.
Penal Code 653.2 Posting harmful information on the internet - This relatively new offense consists of posting harmful information about someone on the internet or sending such information in an email message,
with the intent to incite other people to harass him/her. Posting harmful information on the internet (also known as "indirect electronic harassment") is often charged against people who attempt to use the internet to get revenge on the other party in a domestic dispute. PC 653.2 is a misdemeanor.
