Each year, thousands of domestic violence cases are filed. California is no exception. While domestic violence cases do involve a partner being subjected to the physical assault of another, there are other situations, such as mutual combat (fighting) and unwelcome touch, that can be considered domestic violence under California law. A Corona domestic violence lawyer can help you understand your rights if you have been accused of domestic violence.
What Is Considered Domestic Violence in California?
In California, domestic violence is defined as the threatened or actual abuse between intimate partners. Intimate partners can be spouses, ex-spouses, dating relationships, past dating relationships, cohabitants, and partners one has had a child with. In Corona, CA, physical abuse does not always have to result in injury. A person can be charged with domestic violence even if it does not result in the harm of another, like inappropriately touching another.
Some examples of physical domestic violence include hitting, shoving, punching, slapping, and choking. Domestic violence does not have to only be physical. It can be emotional, sexual, financial, and even technological. Additional examples include stalking, violating a restraining order, and false imprisonment. All of these fall under the umbrella of domestic violence and can be prosecuted as such.
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Common Defenses Against Domestic Violence
Domestic violence cases can be hard to prove, especially under certain circumstances, such as a lack of physical evidence or in cases of mutual combat, where it can be tough to prove beyond reasonable doubt who the aggressor was. There are a few common defenses a defendant can claim in a case:
They did not do it. Sometimes, a defendant will claim they simply did not inflict the abuse of which they are accused, especially if there is a lack of evidence to support that they did. If the defendant claims someone else committed the abuse, their attorney will likely try to establish a credible alibi to show they were not present at the time of the abuse.
The other person lied. Sometimes, a defendant will state that their partner lied in a plan to seek revenge for something else. Their lawyer will seek evidence to corroborate this story.
It was necessary for self-defense. There are a few instances where someone acts in self-defense of another. This is common in mutual combat cases where one person is the aggressor, and the person who acts in self-defense is charged with domestic abuse, especially if they inflicted more damage in the end. A lawyer can look at the police report and both sides of the story to uncover the facts.
It was an accident. A person can claim that the abuse was completely unintentional. For instance, they could have been working on a home repair project and fell off a ladder, accidentally shoving their spouse into a wall as they tried to regain their balance. A lawyer can seek to confirm this with physical evidence.
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How Do I Prepare for a Domestic Violence Case?
If you are petitioning the court in a domestic violence case, you should make a note of all the details surrounding the incident. You will need to recount every detail, including the day, time, and place where the incident occurred. It will also be helpful to take pictures of any injuries or other physical evidence to support your claim.
You may be asked to detail the extent of the relationship with your abuser. If there is a history of abuse, you may be asked to share it, especially if you are seeking an order of protection. It is wise to gather any information regarding the life of your relationship to prepare to share it with the courts.
If you are in need of financial assistance as a result of the abuse, make a note of all your living expenses and what financial resources both you and your partner have.
If you are the respondent, you will want to find a lawyer who is experienced in domestic violence hearings. It is possible that your accuser has hired a family lawyer. Tell your family lawyer in Corona everything and be completely honest. They can help you move forward.
California Domestic Abuse FAQs
Q: What Are the Statistics for Domestic Violence in California?
A: In California, one in every five women experiences domestic violence. One in every seven men also experiences some form of domestic violence. One in every six homicides is committed by a partner.
Survivors of domestic violence are more likely to experience mental health issues, such as PTSD and depression, as well as physical issues, such as heart problems and nervous system issues.
Q: Is There a Statute of Limitations on Domestic Violence in California?
A: In California, while other injury-related claims typically have a statute of limitations of two years, the state recently extended that to five years for domestic violence claims. This means that a victim has five years from the time of the incident to file a report or file violence charges against their partner.
Q: What Percentage of Domestic Violence Cases Get Dismissed in the USA?
A: The amount of dismissed domestic violence cases varies each year. The numbers are often different for each state, as each state has individual laws on what constitutes domestic violence. Some domestic violence cases are dismissed because the accuser refuses to testify or there is a lack of evidence to prove the abuse occurred.
Q: How Long Do Most Domestic Violence Cases Last?
A: The length of a domestic violence case depends on the circumstances surrounding the case. Each case will vary. Some can go on longer than a year, and others will be considerably shorter than that. Typically, the shortest time will be a few weeks. Some things that may affect the time of a case include wait times between hearings, jail time if sentenced, and the number of hearings.
Contact a Corona Domestic Violence Lawyer
Every domestic violence situation is unique. There is no blanket outcome, as each case must be weighed by the details of the incident. Najera Law Group, APC has experience with these types of cases and understands the intricacies of the law, so you don’t have to. Our team can help fight for your rights and make sure your interests are heard and considered. Contact us today for more information.
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