Domestic violence is similar to assault and battery. However, it’s relative to when the abuse or violence is carried out in situations where both parties have domestic relations. The penalties for domestic violence are also more enhanced than general assault and battery alone.
Who Is A Domestic Partner?
A domestic partner could be a significant other, the parent of a child, someone that’s living in the home, a spouse, an ex, and more.
This post will provide a brief overview of Domestic Violence Laws in California:
California Penal Code 243e defines Domestic Battery as using force or violence against another, even if it does not result in injuries that are visible. A good example of this would be swinging a bat at a partner, but the person got out of the way before the bat hit. In this event, the victim can file a domestic battery charge.
Child Abuse is also a form of domestic violence. It is outlined in California Penal Code 273D. This is battery or assault on a child that results in injury. In addition, Child Endangerment under California Penal Code 273 is domestic violence, in which case a parent or guardian subjects a child or children to dangerous circumstances that would harm their health or well-being.
Not only do children and spouses fall into domestic violence situations, elders are also subjected to varied forms of financial, physical and mental abuse. Elders are defined as anyone over the age of 65, and those arrested, would be trialed under California Penal Code 368.
Domestic Violence cases are oftentimes allegations out of spite on another partner. If you’ve been falsely accused of domestic violence, contact MacGregor and Collins at 1000 Quail Street, Suite 110, Newport Beach, CA 92660, or call 949-250-6097.