The term “domestic violence” usually conjures an image of a spouse or domestic partner (typically male) inflicting physical harm on their spouse or partner (nearly always assumed to be female). While this scenario is rooted in reality, the scope of domestic violence extends far beyond the somewhat stereotypical aggressive male beating, hitting, or otherwise harming a meek and terrified female partner. Within the last few decades, advocacy groups and other organizations have increased their efforts to remove the stigma associated with domestic abuse and urged survivors of domestic violence to seek the help and legal protections they need to escape from a dangerous relationship. However, incidents of domestic violence continue to persist.
So, how common is domestic violence? According to the California Department of Public Health, one in five women and one in seven men “report having experienced severe physical violence from an intimate partner in their lifetime.” It’s important to note that men can also be survivors of domestic violence, either in heterosexual or same-sex relationships. While domestic violence is an unfortunate reality for many people, allegations of domestic violence can be exaggerated, manipulated, or simply made up by alleged victims for multiple reasons, such as gaining a more favorable child custody arrangement or securing a better divorce settlement. Under California law, someone can be charged with a domestic violence crime even though the alleged victim has not sustained physical injuries. This post will highlight some of the lesser-known domestic violence crimes and how enlisting the guidance of a seasoned and highly skilled Los Angeles County domestic violence defense lawyer is essential in keeping your future as bright as possible.
Legal Definition of Domestic Violence in California
Before we explore some common domestic violence offenses (as well as some lesser-known crimes), it’s important to understand the legal definition of domestic violence under California state law. California Penal Code section 13700 states that domestic violence “means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” Moreover, the statute proceeds to define abuse as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.” In other words, any action that causes a spouse, intimate partner, or cohabitant to reasonably fear for their physical safety may constitute domestic violence—even if no actual harm was inflicted. Most domestic violence charges are prosecuted as one of two offenses: Domestic battery or corporal injury to a spouse or inhabitant. Domestic battery is usually considered a misdemeanor offense, punishable by up to one year in county jail, a fine of up to $2,000, or both. However, if the incident caused serious injury to the victim, prosecutors may elevate the domestic battery charge to a felony offense (punishable by four to ten years in state prison and a fine of up to $10,000). Corporal injury to a spouse or inhabitant offenses are typically charged as felonies, punishable by one to four years in state prison and up to $10,000 in fines. If Los Angeles County law enforcement has arrested you for a domestic violence incident, contact an experienced and knowledgeable domestic violence defense attorney as soon as possible to start exploring your defensive options.
Lesser-Known Domestic Violence Examples
It’s essential to recognize that there are many other crimes related to domestic violence under California state law. Many of these offenses do not require any evidence of physical harm or injuries to secure a conviction. Below are just a few examples of what is considered domestic violence in Los Angeles County.
Making Criminal Threats
In California, it is unlawful to make criminal threats against another person. Someone who “willfully threatens to commit a crime which will result in death or great bodily injury to another person” can face criminal charges, whether the threat is made “verbally, in writing, or by means of an electronic communication device.” In other words, threatening a spouse, dating partner, or cohabitant with physical harm, even if you do not intend to follow through with the threat, can lead to your arrest. While most criminal threats are charged as misdemeanors, certain factors and circumstances may influence prosecutors to seek a felony charge for making criminal threats.
Stalking
Another criminal offense related to domestic violence is stalking. California law states that stalking involves “any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.” A defendant may face either misdemeanor or felony stalking charges, depending on their criminal history and other relevant factors.
Damaging a Telephone Line
It may be surprising to learn that you can be charged with a criminal offense involving damage to a telephone line. However, prosecutors may charge you with unlawfully and maliciously taking down, removing, or disconnecting a phone line or phone equipment, especially if this action was motivated by your attempt to restrict or control your spouse, partner, or cohabitant’s access to communications. Although this offense does not involve physical violence or injuries, the effort to manipulate and control another person’s behavior and communications with others can lead to your arrest.
Posting Harmful Information on the Internet
As technology advances at an increasingly rapid pace, California laws must address the impact of such tools. It’s against the law to post harmful information about another person on the internet. Under this statute, it’s unlawful to post information about someone without their consent with the purpose of “imminently causing that other person unwanted physical contact, injury, or harassment by a third party.” For instance, posting a photo, links to webpages, or other sensitive and harmful material to harass or intimidate another person can lead to criminal charges.
Contact a Los Angeles County Domestic Violence Defense Attorney Today
As soon as law enforcement arrests you for an alleged act of domestic violence, it’s essential to exercise your constitutional right to remain silent until you have spoken with your attorney. Although it may be tempting to explain your way out of the situation, you need to recognize that any words or statements you make can be used against you later on. Instead, say as little as possible and contact a highly qualified and trusted Los Angeles County domestic violence defense lawyer as soon as possible to start exploring your legal options. Together, you and your attorney will work hard to keep the future as bright and secure as possible, given the specifics of your case.
Facing criminal charges of any kind is a serious matter. Reach out to Wegman & Levin today by calling (818) 980-4000 to schedule a free consultation with an experienced and highly qualified Los Angeles County domestic violence defense attorney.
