Domestic Violence

Since the O.J Simpson case, Domestic Violence cases are prosecuted very vigorously by the offices of the district attorney city attorney. These types of cases are not taken lightly and penalties can be harsh. Domestic Violence encompasses a variety of crimes but the two most common are:

            * Spousal Abuse
            * Spousal Battery

Two Domestic Violence Code Sections are almost always charged in these types of cases. They are:
            Penal Code Section 273.5 (Willful infliction of corporal injury)

                        “(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty  of a felony..”

            Punishment:  2, 3 or 4 years in the State Prison or 1 year in the county jail.

Since this can be punished as a misdemeanor or a felony it is called a “wobbler.” It usually depends if there is any claimed injuries. Usually if they are minor or don’t exist these cases are filed as misdemeanors but if there are injuries of any significant nature; bruising, cuts, broken bones, etc., they usually get filed as felonies. Felonies can be dropped or reduced to misdemeanors but it takes an experienced Domestic Violence attorney to be able to negotiate reductions on these type of cases.  

           
Penal Code Section 243(e)(1) 

                        “(e)(1) When a battery is committed against a spouse, a person with the person is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship..”

            Punishment:  1 year in the county jail.

As you can see, not as serious as the previous section because it just talks of committing a battery upon someone defined in the section. Please go to the “Assault and Battery” tab where I set forth what a simple batter is, giving the code section, the elements and a discussion.
             
These two are sometimes charged together, again, depending upon the extent of any injuries, should any be claimed and proven. Other names used for conduct many times included in these crimes are domestic abuse, domestic battery, domestic assault, spousal assault and spousal violence.

If charges are filed against you for some form of Domestic Violence the court regularly issues protective and restraining orders that can be harsh especially if you have children within your family and the order states that you must move out and live elsewhere. What do you do? It is vitally important that you immediately contact Gregory B. Pike, a Domestic Violence attorney that is experienced in these types of crimes and knows what to do to immediately get the protective order or restraining either modified or eliminated so you can get back to your family.

Before Charges are Filed

It is even more important to contact Gregory B. Pike if you are being investigated for Domestic Violence before charges are filed. Why? Quite simply, this is the time when I can intervene by talking to the investigating authorities to educate them as to what the situation was. Many times I am able to talk to the complaining party, whether that be a spouse or live in boyfriend or girlfriend, and obtain information early on to convince the authorities not to file any reports with the district attorney’s or city attorney’s office or to request a reduced filing, a misdemeanor instead of a felony based on the circumstances that they may not have been aware of.

Defending Domestic Violence Charges When Filed

If the authorities do submit their report to the district attorneys or city attorney’s office for filing of charges I can, again, intervene by educating the filing deputy or deputy city attorney as to who you are, the circumstances of the situation and, many times, possibly convince the district attorney or the city attorney not file any charges based on those circumstances or, if they are going to file charges, file misdemeanor charges.

Assuming charges are filed they have to be dealt with in a court of law. It is very important in these types of cases to do an extensive investigation by compiling statements from witnesses and other important information to, again, educate the prosecutor as to the totality of the situation in the hopes of resolving the case at the earliest possible opportunity or, if need be, utilizing that information for going forward to trial.

If there is a problem with the case it is important to minimize the effects of what transpired. That may mean getting you into a treatment program such as AA, NA, marriage counseling or anger management counseling.

If you are convicted of a Domestic Violence crime and the court grants you probation, you will be required to attend a domestic violence program, sometimes called a batterers program that lasts 52 weeks. This is on top of any penalties such as fines the court will impose and possible local jail time as a condition of probation.

Contact Me

These types of crimes are quite complex and carry with them harsh penalties including jail and prison time and being restrained from being with your family or other loved ones. Because of that it is imperative to immediately contact an experienced Domestic Attorney. Contact Gregory B. Pike for a free consultation toll free at 1-888-387-1101 or by email at gregorypike@gmail.com. Do not wait until it’s too late!

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