Domestic violence adversely impacts relationships. It cuts across age, gender, or sexual orientation and also affects people from all social and economic backgrounds. An intimate partner often perpetrates this abuse by exerting power and control through physical violence, emotional manipulation, and financial abuse. While the physical consequences are severe, the emotional and psychological scars can persist long-term. Not only do victims of violence suffer, but so do their families and communities. Prosecutors aggressively pursue convictions for individuals accused of domestic violence as a way to deter and punish offenders because of the harm they allegedly inflict on the victims. However, an equally aggressive criminal defense attorney will be invaluable in fighting the charges.
Domestic Violence Under California Law
Penal Code 13700 defines domestic violence as abuse against an intimate partner. This violence applies regardless of the victim's gender, age, or disability.
Per this code, intimate partners can be:
- Cohabitants
- Spouses
- individuals with whom you have had a child
- Someone you have dated or been engaged to
The main focus of domestic violence cases is the relationship between the abuser and the victim.
Abuse includes actions that result in bodily harm or threats that cause your intimate partner to worry about their safety. This concern informed California's zero-tolerance policy regarding domestic abuse.
What Happens to the Children When Parents Are Involved in a Domestic Violence Dispute?
Children are a concern, too, in domestic violence cases. The court gives the child’s welfare top priority when domestic violence and child custody issues intersect. Following a domestic violence issue, the child needs to have a safe environment. The courts could need to determine which party should have custody of the child. This means that the courts could consider people other than the biological parents as potential custodians when deciding who gets custody.
The security and protection of the child come first. The court carefully assesses how domestic abuse affects the child, taking into account both physical and psychological trauma. This assessment establishes the safest living situation, which might not include either of the biological parents.
Siblings can be quite important. According to the court, potential custodians could be full or half-siblings, particularly those exhibiting stability and maturity. Important elements are the sibling's bond with the child and their capacity to provide a loving atmosphere.
Additionally, grandparents on both sides of the family are considered. It is crucial that the grandparents have a preexisting relationship with the child and can create a secure and nurturing atmosphere. Similarly, if judged appropriately, aunts and uncles with close relationships with the child may be considered for custody.
Though it occurs less frequently than examining closer relatives, the court may, in exceptional circumstances, consider more distant relatives, such as cousins.
Forms of Domestic Violence
There are various forms of domestic violence. These categories address violence against multiple victims. Let us explore them.
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Gender-based Violence (GBV)
Gender-based violence includes any physical, psychological, sexual, or financial act that targets a person because of their gender identity to control and dehumanize the victim. Although GBV primarily affects women and girls, it is necessary to point out that anyone can be impacted. Victims could include men, boys, transgender people, and non-binary people. GBV can happen in romantic relationships or not, taking many different forms.
Penal Code 273.5 deals with intimate relationship violence. It safeguards partners in relationships, spouses, cohabitants, and fiancés. This emphasis is consistent with a fundamental aspect of gender-based violence, which is the offenders' tendency to target victims that they know or have known well.
At the heart of GBV cases are corporal injuries. A corporal injury is a physical injury that another person inflicts on another. This phrase refers to a variety of wounds, ranging from little cuts and bruises to severe fractures and internal hemorrhages. The severity of the injury is not the only factor determining its classification as a corporal injury. The type of harm is what makes a difference. When we talk about corporal injury, it refers to physical harm to the body, not psychological or emotional suffering. Moreover, the harm must have been caused by someone else. Self-harm or accidents do not qualify.
Some examples include:
- A black eye from a punch
- An arm break sustained from being shoved and falling
- A kick that causes internal blood
Violations of PEN 273.5 are punishable by:
- A jail sentence of up to 1 year in county jail and/or
- A maximum fine of $6,000 if convicted of a misdemeanor.
If you are convicted of a felony violation, the penalties include:
- An imprisonment sentence of 2, 3, or 4 years in state prison and/or
- A fine of up to $6,000
Additionally, you risk facing battery charges under PC 243(e)(1) if you are accused of gender-based violence. PC 243(e)(1) addresses unwelcome physical contact that you make with a close spouse. This law provision outlines the requirements for an act to qualify as battery. The victim must not have requested or consented to the physical touch.
Unintentional bumps or brushes are not considered battery. You must touch the victim with willfulness or purpose. This demonstrates intentionality. Additionally, the law requires the prosecution to prove that the victim did not consent to the touching. The lack of consent makes the contact a crime.
Battery is a misdemeanor violation. Convictions are punishable by:
- A jail sentence of up to one year
- A maximum fine of $2,000
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Domestic Violence on a Disabled Person
Domestic abuse of a disabled person is a significant betrayal of trust and a serious criminal offense. People with disabilities are notably more susceptible to abuse in close personal interactions. Research indicates that their likelihood of experiencing domestic abuse is two to three times higher than that of the non-disabled population.
Abuse can take many different forms. These include:
- Physical violence — Examples include pushing, hitting, and grabbing
- Verbal abuse — This can include threats, insults, and humiliation
- Emotional abuse — Examples include isolation and controlling behavior
- Neglect — Withholding medication, denying access to assistance
- Withholding or damaging assistive devices like wheelchairs, communication aids
- Financial abuse
- Sexual abuse
For victims with disabilities, leaving the abuse or reporting it might be tough. Reliance on the abuser for everyday care leads to a challenging and intricate circumstance. The fear of losing one's independence or necessary services can be a powerful barrier to victims wanting to leave the abuser.
PC 368(b) makes it a crime to deliberately mistreat or jeopardize an elderly or dependent adult, including individuals with physical or mental impairments that impair their capacity to carry out routine tasks. The prosecution needs to prove several crucial elements in a PC 368(b) violation case, including:
- Knowledge of disability — You had to be aware of the victim's disability or have had good reason to suspect it.
- Willful endangerment or harm — If you have caused or permitted the victim to suffer or put them in a condition that jeopardizes their health or safety, then you committed willful harm or endangerment.
The particulars of the incident are also crucial. They include:
- Severity of abuse — PC 368(b) addresses a variety of situations, ranging from grossly violent neglect to aggressive behavior. The abuse's severity will have a significant impact on the case.
- Nature of the disability — The victim's particular disability will impact the assessment of the case due to its particular limitations.
Domestic abuse against an adult disabled person carries severe penalties under Penal Code 368(b). Below is a summary of the possible consequences:
Misdemeanor Charges
Misdemeanor convictions have serious ramifications, even if they are less serious than felonies. You risk facing the following once convicted:
- Summary probation
- A year in jail, and
- A fine of up to $6,000
Repeat offenders may be subject to a higher fine of up to $10,000.
Felony Charges
Felony charges are punishable by more harsh punishments. A conviction carries:
- A maximum penalty of $6,000 in fines
- A year in county jail, or both.
The severity of the harm you cause to the disabled victim may also result in harsher punishments. You risk serving more time in jail if the victim sustains serious physical harm. For victims under 70, this is three years. For victims over 70, it is five years.
The consequences are worse if the victim passes away as a result of the abuse. If the victim was older than 70, you might have to serve an extra five years in prison. Otherwise, you would have to serve seven years.
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Child Abuse
Child abuse is a serious crime that includes acts like physical assault, neglect, and sexual and emotional abuse that harm a child's physical or mental health. The California Penal Code handles child abuse in several parts. One of these sections is PC 273d. This law focuses exclusively on corporal punishment that causes traumatic harm.
PC 273d distinguishes corporal punishment from fair discipline. While fair discipline encourages long-term beneficial behavior change through teaching and reinforcement, corporal punishment tries to accomplish immediate deterrence through pain.
The prosecution must prove several crucial elements before filing a charge under PC 273d. They have to show that:
- You caused the punishment on purpose, or you acted willingly.
- The punishment was cruel, and it involved a higher degree of force than what is deemed appropriate for the age and behavior of the child.
- There was traumatic harm from corporal punishment that necessitated medical attention or had long-term health effects on the child.
Situations such as the following could result in charges under PC 273d:
- Striking a child with a belt forcefully enough to cause severe contusions or bruises.
- Striking a child so hard on the head that they fall and sustain a concussion.
- If you shake a newborn hard enough, it can damage their brains.
Since PC 273d is a "wobbler," the prosecution could file charges as either a misdemeanor or a felony. Your criminal past and the extent of the harm are crucial considerations in this choice.
If you are convicted of misdemeanor charges, you will face the following penalties:
- Summary probation instead of jail time
- A maximum of 1 year in county jail and/or
- A maximum fine of $6,000
If you are convicted of felony charges, you will face the following penalties:
- Formal probation instead of jail time
- 2, 4, or 6 years in jail — If you have a prior conviction of child abuse within ten years, you will face an additional four years and/or
- A maximum fine of $6,000
There are other types of child abuse, even if PC 273d only addresses one. While PC 273d does not apply to neglect or emotional abuse, other Penal Code sections allow for prosecution. The following are the other forms of abuse:
Child Neglect
Penal Code 270 addresses the deliberate neglect of a child's basic requirements, like clothing, food, shelter, or required medical attention.
A conviction for child neglect could result in either misdemeanor or felony charges. Convictions result in the following penalties:
For misdemeanors, you risk facing:
- Up to one year in jail and/or
- A fine of up to $2,000
For felonies, you risk facing:
- Up to one year in jail, or one year and a day in prison, and/or
- A fine of up to $2,000
Child Endangerment
PC 273a addresses a wider variety of circumstances in which a parent or caregiver puts a child's welfare, health, or safety at risk. For instance, under PC 273a, leaving a small child unattended close to a pool may constitute endangerment.
You could face misdemeanor or felony charges for endangering a child.
For misdemeanors, you risk facing:
- Up to 6 months in jail and/or
- A fine of up to $1,000
For felonies, you risk facing:
- 2, 4, or 6 years in prison, and/or
- A fine of up to $10,000
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Elder Abuse
Elder abuse is a serious social problem that primarily affects people over 60. Elder abuse can take many different forms, all of which hurt or jeopardize the welfare of the elderly. Some of the common forms of elder abuse include the following:
- Physical abuse — This refers to violent behaviors against elders, like pushing, grasping, hitting, or any other kind of bodily injury.
- Neglect — This is the caregivers' inability to meet the elders' basic needs, for example, by failing to provide food, drink, shelter, or healthcare.
- Emotional or psychological abuse — This type of abuse can take the form of shouting, threatening, demeaning, or isolating an elderly person from their loved ones.
- Financial abuse — This abuse occurs when someone takes advantage of an elderly person's financial resources for their benefit. Examples of this abuse include stealing cash or property, abusing credit cards or bank accounts, or forcing modifications to financial documents like wills.
- Sexual abuse — This is any unwelcome sexual action or contact with an elderly person.
Elder abuse is a serious offense that hurts or puts elderly and dependent persons at risk. This abuse is the focus of California Penal Code 368. This law safeguards against several types of exploitation while acknowledging the vulnerability of these populations.
PC 368 protects two different groups:
- Older People — Those 65 or older fall under this category. It recognizes that because of possible impairments in physical or cognitive ability, this age group may be particularly vulnerable to abuse.
- Dependent adults — People who are 18 to 64 years old and have physical or mental impairments that make it difficult for them to go about their everyday lives or defend their legal rights fall under this group. These restrictions could result from physical infirmities, mental health conditions, or intellectual deficiencies.
According to the degree of the injury caused, PC 368 distinguishes between misdemeanor and felony elder abuse.
Elements of Elder Abuse Misdemeanor
Prosecutors must prove the following:
- You acted with criminal negligence, displaying reckless disdain for the possible repercussions, or you had to have intentionally caused the abuse.
- Your acts must have resulted in the elderly victim experiencing unreasonable or unjustifiable physical or mental distress.
- Your actions must have put the elder's health or life in danger.
- You must have known or had a reasonable suspicion that you knew that the victim was older than sixty-five.
Elements of Elder Abuse in Felony
Misdemeanors and felonies are comparable in certain aspects, although felonies involve more serious circumstances, which include the following:
- The abuse needs to be deliberate or the result of criminal carelessness, just like in misdemeanors.
- The elderly victim had to have experienced either bodily or mental anguish as a result of the abuse.
- Unlike misdemeanors, your conduct has to have caused the elder serious bodily injury or even death, or at least a strong likelihood of doing so.
- You needed to know or have a reasonable suspicion that you knew that the victim was older than 65.
Elder Abuse Penalties
Misdemeanor convictions for elder abuse result in:
- A year in county jail
- Up to $6,000, with a potential increase to $10,000 for subsequent offenses
- The court could order you to compensate the victim for any financial losses or medical expenses resulting from the abuse.
On the other hand, felony convictions for elder abuse result in:
- Up to four years in a state prison
- Up to $10,000 in fines
- Like misdemeanors, the courts could order you to pay restitution to compensate the victim.
Felony cases involving great bodily injury or death can lead to even harsher sentences due to potential enhancements.
Find a Domestic Violence Defense Attorney Near Me
Having legal representation is essential in domestic violence situations because of their complexity, especially when it comes to cases involving disability, child abuse, or elder abuse. Although the information above offers a basic idea of the crimes, remember that every circumstance is different. Thus, speaking with an experienced criminal defense lawyer who will help you develop a strong defense plan and a clear grasp of your legal rights is crucial.
If you or someone you know is charged with domestic abuse in Van Nuys, California, contact Leah Legal for a free consultation at 818-484-1100. We are committed to defending your legal rights and assisting you during court proceedings.