Domestic Violence
Domestic Violence in California under Penal Code Section 273.5
California Penal Code Section 273.5 is California's domestic violence offense and requires the following to prove: a) Corporal (bodily) injury was willfully inflicted on your current or former spouse, your current or former co-habitant-someone you shared a residence with, or the mother or father of your child. b) The injury suffered was a "traumatic condition", such as a visible physical wound or bodily injury. This conviction can involve fines, jail…
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If I Accused My Girlfriend Of Hitting Me and She Was Arrested Can I Now Drop The Charges? (PC 273.5)
It is extremely common these days for a couple to get into an argument and one of them (or a neighbor who may hear the altercation) will call 911. Once this happens the police are immediately notified and will come to your location where the altercation is taking place. Once the police interview the parties and decide that someone will be arrested for "domestic violence" or "spousal abuse" it is…
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Law Student Convicted of Domestic Violence (Penal Code Section 273.5)
Late last year, in Laguna Niguel – Pete Roca, a 46-year-old law student, was arrested in connection with an alleged felony domestic violence incident. Roca, originally was charged with two felony counts, one of domestic violence and another count of assault with a deadly weapon. In addition to the two felony counts, he was charged with two misdemeanor counts of cruelty to animals and violation of a restraining order. Subsequently,…
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Domestic Violence in California
Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant -- (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, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three,…
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I was arrested for domestic violence on my wife and the DA dropped the charges. Now she is going to court to try to get a restraining order against me? Can she do that?
The answer is that your wife can do this and it happens every day. When the police arrest someone for domestic violence they "hope" the District Attorney will file criminal charges. However, sometimes the DA will not file the criminal charges because they do not feel they will able to obtain a conviction. The police will often suggest to the spouse that is viewed as the "victim" to go to…
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FLOYD MAYWEATHER, JR., FACING EIGHT CRIMINAL CHARGES AFTER INCIDENT WITH EX-GIRLFRIEND – PENAL CODE SECTION 211, SECTION 240, SECTION 242, AND SECTION 487
On September 15, 2010, boxer Floyd Mayweather, Jr., was charged with four felonies and four misdemeanors stemming from an alleged incident with his ex-girlfriend and their three children at her apartment. The Nevada felony complaint alleged that, on September 9, 2010, Mayweather threatened two of his children by stating that if they called 911 or left the apartment, he would "beat [their] ass." Mayweather also allegedly beat his ex-girlfriend and…
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Domestic Violence Probation – Mandatory Conditions – California Penal Code Section 1203.097
If a person is granted probation for a domestic violence crime, California Penal Code Section 1203.097 lists the conditions of probation that must be given. The list below shows some of the conditions that may have a significant impact on a person's life: 1. A minimum period of probation of 36 months 2. A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse,…
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Consequences of Wrongful Arrests in Domestic Violence Situations
In the context of a domestic dispute, arresting the wrong individual has significant legal consequences, but also other consequences that are not as apparent. A concern that is largely overlooked are the effects that a wrongful arrest can have on victims, especially children. Children are very insightful and more intuitive than people realize. Children embroiled in domestic disputes are learning to distrust police. In cases where both parents are arrested,…
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California Domestic Violence Laws State Victims Cannot Be Jailed For Refusing To Testify Against Their Abusers In Court
Domestic violence stories in California often have a common theme. The alleged abuser in someway assaults the alleged victim and the police are called. The alleged victim is upset and is pressured by police to tell them everything that happened. The alleged victim discloses the alleged abuse and the alleged abuser is arrested. After the dust settles, the alleged victim realizes that he or she loves or needs the alleged…
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Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 3 of 3 – California Penal Code 13701
Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the "primary aggressor" when responding to a domestic dispute. In making such a critical determination, several relevant inquiries arise. First, who is the 911 reporting party? Who in the relationship…
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