Domestic violence is defined as a criminal act that occurs within one of four specific relationship types: spouse or former spouse, cohabitant or former cohabitant, a person with whom a person has a child, or a partner in a dating relationship. Prosecutors have a lot of leeway when charging someone with domestic violence, depending on the circumstances and severity of the crime.
Battery is defined by California Penal Code as a “willful and unlawful use of force or violence against the person of another” and can be prosecuted in a few different ways. Battery can be charged as a crime on the basis of the familial or intimate relationship, or a more serious charge can be brought if the defendant “inflicted serious bodily injury on the victim.” Another section of the Penal Code criminalizes domestic violence when a person’s willful actions result in a “corporal injury resulting in a traumatic condition” suffered by someone in one of the defined domestic relationships to the defendant.
Child Abuse or Endangerment
Child abuse and endangerment is another type of domestic violence. It is a crime, for example, to inflict “corporal punishment or injury” that is “cruel or inhuman” on a child. Spanking is allowed, but only to the point that it is humane and does not cause injury. Child endangerment occurs when you willfully allow a child in your care or custody to suffer harm or have his or her safety or health endangered.
Consequences of Domestic Violence
You may be charged with domestic violence even if you were acting in self-defense or your partner is exaggerating or lying for some other purpose such as obtaining custody. The minimum punishment for misdemeanor domestic violence is 30 days in jail and a 52-week domestic batterers class. A domestic violence conviction also results in a permanent criminal record that can negatively affect your entire life. This is why it is crucial to have an experienced attorney who is capable of successfully and compassionately fighting on your behalf. Mr. Rosenblum’s outstanding record speaks to his intimate understanding of domestic abuse charges and defense.