A domestic violence incident can give rise to criminal charges, a retraining order, and other consequences.
1
What is "domestic violence?"
It takes only a "minor or serious injury"* (in short, almost any injury by any physical force to the victim, however slight) to give rise to a criminal charge of domestic violence (according to California Penal Code Section 237.5). Like beauty, this definition from a practical standpoint rests in the eye of the beholder. Usually there must appear some objective sign of physical abuse, but not always. Internal injuries not perceptible to the eye may still give rise to arrest.
2
Is arrest mandatory if the police have probable cause to suspect that a domestic violence has occured?
On paper, yes, arrest is mandatory in all domestic violence cases where probable cause exists. Plus the charge, initially at least, will be a felony.
3
What is the situation that distinguishes a domestic violence case from a simple or aggravated battery?
It is the relationship between the the victim(s) and the batterer - plus the injury mentioned above - that gives rise to a domestic violence charge. Some examples are: where the victim is the spouse, domestic partner or other live-in companion, a present or past dating relationship, and members of the same family.
4
What is the scheduled bail for a domestic violence case?
The bail is high, usually $50,000, depending on the county. However, this staggeringly high bail can usually be reduced to a fraction of the scheduled amount if your attorney can persuade the judge that the client will make all court appearances, comply with all court orders, and not present an imminent threat to the victim or any other person. Release of the client on "O.R." (e. i.: without posting any bail) is sometimes granted. Before paying a bail bonding company $5,000 (ten percent of the bail amount), obtain a good criminal attorney and get the bail reduced.
5
What are the other consequences of a domestic violence charge?
Besides the mandatory arrest, the police also will issue the person initially found to the perpetrator an immediate restraining order forbidding him or her from contacting or going near the victim. This very often results in the person arrested being essentially kicked out of his or her own house. A judge may later modify or even withdraw this restraining order in open court, taking into consideration the seriousness of the injuries to the victim, any mitigating factors (such as what would otherwise be a "mutual combat" case except for the predisposing relationship), and, of course the wishes of the alleged victim. In more contentious cases, the victim may get a civil restraining order against the perpetrator and even sue him or her in civil court.
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