Have You Been Accused of Spousal Abuse or Spousal Battery in Southern California?

Posted over 4 years ago. Applies to California, 3 helpful votes

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If you have been accused of spousal abuse or any other domestic violence charge, you need to contact a spousal abuse lawyer immediately.

If you are suspected of violence or threats of violence against a husband or wife, an ex-spouse, a boyfriend or girlfriend, an ex-partner or any other current or former household member, you could be arrested for spousal abuse or partner abuse. Contact a spousal abuse defense lawyer. We will protect your rights and have a defense strategy for your case.

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In 1977, the California Legislature enacted Penal Code section 273.5.

o 273.5 of the California Penal Code prohibits the infliction of corporal injury on a person who is the mother or father of the defendant's child or a spouse or cohabitant. Spousal abuse or partner abuse includes abuse of any current or former intimate partner or cohabitant. California Penal Code section 13700(b) defines "cohabitant" as "two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship." o The prosecutor presses charges, not your spouse or partner. That means your spouse cannot have the charges dropped. In the past, spouses have felt coerced to drop the charges and that led to a cycle of continuous abuse. The district attorney prefers in most cases to press charges and have the courts decide the issues.

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Typically, the "victim" of Domestic Violence can NOT recant and get the charges dismissed.

o Despite the provisions in California Penal Code section 1191.1 for the victim's desires to be taken into account, the victim's desire to continue the relationship with the defendant does not bar the prosecution of the defendant, even when a victim does not want the defendant arrested, nor does it bar jail time. o Your case cannot be dismissed if your spouse recants the statements they made to the police. Only the prosecutor can decide to dismiss domestic violence spouse abuse charges. Your case can be dismissed if you or your attorney can show evidence that the charges are false or there were mitigating circumstances, such as you were attacked first! o Spousal abuse penalties can result in jail time, community service, counseling, anger management classes, substance abuse programs, AA meetings and other forms of therapy.

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You do not have to face spousal abuse charges alone.

o Spousal abuse penalties can result in jail time, community service, counseling, anger management classes, substance abuse programs, AA meetings and other forms of therapy. o Just because you were arrested for spousal abuse or spousal battery does not mean you are guilty. Please contact a domestic violence lawyer. Tell them about your situation. We will move quickly to protect your rights and plan your defense.

Additional Resources

Website: California Domestic Violence Attorneys

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