Domestic violence is a serious crime with a common misconception of only occurring between spouses or those involved in a romantic relationship. However, Orange County domestic violence may also occur against an individual whom you are cohabitating with, or against a child of your own or the child of another.
Specifically California Penal Code 243(e) states, domestic violence can occur against either someone with whom you have cohabitated or had some type of romantic relationship or who is the parent of your child. Additionally, pursuant to CPC 273(a), Orange County domestic violence may also occur against a child, either by committing battery against your own child or the child of someone with whom you have been espoused or cohabitated (CPC 273.5), or by allowing harm to come to a child through either an intentional act or by negligent failure to act.
If you find yourself charged with Orange County domestic violence, the state has the burden to successfully prove you, in fact, committed the domestic violence. If the violent act was against a spouse then the state must prove that; (1) an act of battery occurred, (2) it occurred against the spouse, ex spouse, cohabitant, former cohabitant, parent of the alleged aggressor’s child, or someone the alleged aggressor had a dating or engagement relationship with, and (3) the act was not in self-defense or in defense of another.
However, if the OC domestic violence was committed against a child, the state must prove the alleged aggressor; (1) caused or allowed a child to be harmed (physically or mentally), (2) acted in a way that was likely to produce great harm or death, (3) acted negligently at the time of the offense, and (4) was not considered to be reasonably disciplining the child.
Furthermore, it is important to understand the anticipatory punishments for an OC domestic violence charge may vary because the charge itself has the ability to be characterized as a misdemeanor or felony depending upon the circumstances surrounding the violent incident in question. Thus, a successful felony conviction for OC domestic violence against a spouse or a child would render harsher punishments than a misdemeanor conviction. For example, a defendant found guilty of a misdemeanor OC partner abuse charge could face up to one year in county jail, as well as, $1000 dollars in fines and payments of up to $5000 dollars to battered women’s shelters. Whereas, a successful felony conviction for OC spousal abuse allows for a defendant to be imprisoned anywhere from two-to-four years and fined up to $6000 dollars. However, a misdemeanor conviction of OC domestic violence against a child allows for a defendant to be imprisoned in county jail for up to one year, while a successful felony conviction results in two-to-six years in state prison, along with a mandatory probationary period and counseling program.
Orange County domestic violence charges are serious, but we at MacGregor & Collins, LLP, your OC domestic violence attorneys, have 30 years of experience in fighting these cases and we are prepared to provide you unparalleled legal representation during this difficult time. We are here to help you and will get you the shortest possible sentence for your case. Call us today at (949) 250-6097.
