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Domestic Violence Laws in California

Posted by attorney Randy Collins

Domestic Violence is force, violence, or threat that is inflicted on either:

· A current or former spouse, partner, or parent of the accused’s child

· A child living in the home with the accused

· An elder over the age of 65 living in the home

Domestic Violence is essentially committing battery or assault against someone else, but in these cases, an intimate or closely related victim is involved. Due to this factor, domestic violence comes with steep fines and penalties, and is one of the most commonly prosecuted crimes in the State.

California Penal Codes outline several Domestic Violence Laws including:

Corporal Injury or California Penal Code 273.5 is when a victim sustains physical injuries as a result of violence or force.

Domestic Battery or California Penal Code 243 e1 happens when there was an effort made to inflict injury on the victim. As an example, a bat was swung in the heat of the moment, but the victim dodged and missed. Even though there was no impact or injuries, the accused may still face corporal injury charges.

Child Abuse or California Penal Code 273D occurs when a child sustains injuries as a result of force, violence or threat. The accused may additionally face charges for child endangerment.

California Penal Code 368 or Elder Abuse is when abuse, force, violence or threat is directed toward an elder over sixty five years. This crime also includes financial abuse.

Common Penalties Abusers Face:

The most common sentencing for California Domestic Abuses includes jail time and an order to attend a batterer’s program. Other potential penalties include deportation for non U.S. citizens and the possibility of being enrolled in California’s Three Strike’s Law.

If you have been accused of any of these Domestic Violence Penal Codes in California, the criminal defense lawyers at MacGregor & Collins can help you. Call us today at (949) 250-6097.

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