How Does The State Of California Define Domestic Violence?
In California, there is a wide array of charges that fall underneath the description of domestic violence. Typically, domestic violence charges relate to any type of a physical confrontation between people who are domestically related, such as boyfriend/girlfriend, husband/wife, parent/child, or brother/sister are primary examples. Sometimes even roommates fall under the umbrella of what is defined as domestic violence. Most cases involve some sort of a physical violence or touching and commonly it can involve dangerous weapons. Another charge that could fall under the realm of domestic violence would be simply taking the other person’s cellphone away from them if they are trying to call police or pulling a phone line out of a wall. Additionally, preventing the other person form leaving the house or situation can lead to charges of false imprisonment.
Police Were Called To My Home In Southern California For Domestic Violence Related Incident, How Could They Determine Who Is The Aggressor? Will Someone Always Be Arrested In These Situations?
When the police arrive at a location of a domestic violence dispute, more often than not it is a credibility contest between the parties. The officers have to make a decision on the spot as to who is more believable. Law enforcement tend to side with the female as a general rule, but that is not always the case. Another indicator as to who they arrest would be dependent on which party has any injuries. If one party clearly has injuries and the other does not, it is most likely the party without the injuries who is going to be arrested. Unfortunately, someone is going to get arrested in overwhelming vast majority of situations when the police are called in Southern California on a domestic violence call.
I Have Been Arrested In San Diego County On Charges Of Domestic Violence. What Exactly Can I Be Charged With?
If you have been arrested in San Diego County for domestic violence, there are a number of different charges that fall under the umbrella or realm of the domestic violence arena. Many times, it typically relates to some level of a battery charge in at least 95 percent of domestic violence cases. Battery is another term for using force upon another person or striking another person. More often than not, that is one of the charges and it could be charged either as a misdemeanor or a felony. It usually depends on the severity of the injuries that were inflicted.
Am I Going To Be Given Bail If I Was Arrested And Charged In A Domestic Violence Case In San Diego County?
Consistent with basically every other type of charge, a person arrested for domestic violence will be entitled to bail in San Diego County. The amount of the bail will depend on whether or not they are charged with a misdemeanor or a felony, and if there are allegations of infliction of great bodily injury.
Can I Still Be In Touch With My Children If I Am Facing Domestic Violence Charges In Southern California?
When someone is facing domestic violence charges in Southern California, whether or not they can still have contact with their children depends on a few factors. If the children were home at the time of the offense and witnessed the offense, there is a strong possibility that the individual will not be able to have any contact with their children, at least for the time being. Many times, Child Protection Services gets involved at the outset and question the children and the parents. They then make a determination whether or not the individual can have contact with their children, and as to the extend of that contact. The criminal courts more often deal solely with whether or not the individual can have contact with the victim and typically don’t get involved with the children. However, depending on the after-effects of the domestic violence incident, one of the parties may get the family law court involved. In family court, child custody issues are fully addressed. However, there is always a possibility in the severe cases where the criminal court may order that the individual not have any contact with the victim or the children.
Is The Order Of Protection Or A Restraining Order Automatically In Place Once Charges Related To Domestic Violence Are Filed In San Diego County?
In the vast majority of cases, some sort of protective order is put in place. Typically, it is a Full Protective Order where the suspect and the victim can have absolutely no direct or indirect contact with one another whatsoever. An example of indirect contact is utilizing contact through a third person, or by leaving a voice mail, email, or text message. An alternative to that is something that is less onerous, which is called a No Negative Contact order. This order means the parties can have peaceful contact but they cannot argue or annoy one another. It is more common in the less serious cases, such as misdemeanor cases and cases where the parties have minor children.
For more information on Domestic Violence In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 383-2931 today.