Domestic violence is a violation of Penal Code Section 273.5 or 243(e) (1).
Domestic violence is commonly referred to as spousal abuse or domestic abuse. It generally occurs between a man and a woman, who are in a dating, romantic or married relationship.
The O.J. Simpson case changed the whole law regarding domestic violence. After that case was decided, the laws changed significantly. (For example, if a wife or girlfriend claims that the husband is physically abusing her, and she makes a 911 phone call and claims in the call that she was hit by her husband or boyfriend, and the police are summoned and find bruises or marks on her, and take photographs, the husband or boyfriend would be booked on domestic violence charges).
The major change is if the wife or girlfriend decides after the charges were alleged that she does not want to prosecute her husband, the District Attorney’s office can (and likely will) prosecute the case. In fact, in such a situation, a case can be prosecuted on her “hearsay” statement without her ever appearing in court. Many defendants are convicted every year without the witness on the stand. The police officer testifies and the defendant is found guilty.
These are very dangerous, volatile cases and need to be handled very delicately. The District Attorney’s office does not take these types of cases lightly, and in fact, they have a very strong policy in prosecuting these cases.
A domestic violence case can be charged either as a felony or a misdemeanor. In a felony, if the injuries are serious, an individual can be sent to state prison for up to 3 years.
Most of the time when someone is involved in any kind of domestic violence, they are required to commit to a 52 week treatment program. However, there are cases where the charges can be modified, and someone can attend an anger management program – which is approximately 10 weeks of counseling, in lieu of the 52 week class.
There are many issues involved in a domestic violence case, and if you call the Law Offices of Stull & Stull, we can discuss these issues and help you or your loved one plan a defense strategy for their case. The initial consultation is free.
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