Domestic Violence occurs when the use of force is against one who is the arrestee’s spouse, cohabitant, a person who is the parent of the arrestee’s child, a former spouse or fiancée, or a person with whom the arrestee has or previously had a dating or engagement relationship.
California is very strict when it comes to cases of domestic abuse, and once a police report is filed and the authorities are involved, there is no recanting or taking back the statements.
Once the domestic violence charge is filed as a criminal complaint, the accuser will not be able to drop the charges!
Usually after reconciling, the accuser wants to drop the charges, however, once the police are involved, the accuser no longer has the power to drop the charges. The only person who holds the power of dropping the charges will be the prosecutor. With the help of an experienced attorney, the prosecution may be convinced to drop the domestic violence or battery charges.
The most common domestic violence charges brought against an arrestee are:
Penal Code 273.5(a) This charge requires that the victim suffers “corporal injury resulting in a traumatic condition” for example; a black eye, bleeding, scratches, or redness. This charge is considered a “wobbler,” meaning that it can be prosecuted as either a misdemeanor or felony, depending on the severity of the crime and/or the criminal history of the arrestee.
Penal Code 243(e)(1) Unlike PC 273.5(a), this charge does not require the injury to result in a traumatic condition, and is considered a misdemeanor. The best example to this charge would be when a husband pushes his wife and there is no injury.
A Domestic Violence Conviction affects where you live, where you work and what you can and cannot do.
A domestic violence conviction can affect where you live in two ways. Firstly, if you live with the accuser, you may be denied entry into your home. A judge may order you to not enter your home. In this instance, you will be forced to find a new place to live, however, many landlords refuse to rent to individuals with domestic violence convictions. Secondly, a conviction may result in deportation, denial of citizenship, or reentry.
A domestic violence conviction may affect your workplace because the conviction will show up on a background check when trying to obtain a job. Moreover, the conviction may impede on your ability to obtain a promotion or acquire a leadership role within your current job. You may also be denied certain jobs, or jeopardize your current job if you are a teacher, police officer, or nurse.
A domestic violence conviction may affect what you are able to do. A consequence of a domestic violence conviction is usually a protective order, which prevents you from contacting your accuser. If you violate this order, you may be faced with probation, fines, and jail time. Even if the accuser tries to contact you, you will be deemed as the violator of the order. It is highly important for an individual who is charged with domestic violence or battery to take the proper and necessary steps so they don’t end up in prison. Call Melody, an experienced domestic violence attorney who is ready to protect you and your rights.
18653 Ventura Blvd, Suite 245
Tarzana, CA 91356
Phone: (818) 305-5306
Email: Questions@RahimiLegal.com
