When Are Domestic Violence Cases Most Common?

Accusations of domestic violence most commonly tend to arise during divorce cases, child custody disputes, and other family law matters. Because convictions can have a significant impact on the outcomes and determinations made during these cases, partners may use these accusations as leverage during the proceedings. Parties may seek to gain a legal advantage over their ex by falsely testifying to alleged abusive behavior.

Unfortunately, false accusations can undermine legitimate claims for families experiencing actual instances of domestic violence.

What Are the Penalties for a Domestic Violence Conviction?

Domestic violence can be charged as either a misdemeanor or a felony, depending on the severity of the charge. The penalties will also be determined by the circumstances of each case. In general, convictions for domestic violence are as follows:

• Misdemeanor domestic violence charges. These charges usually involve less severe cases of domestic violence, such as minor injuries or threats. Penalties include a minimum of 30 days and up to a year in jail. Fines can be up to $2,000, and judges may impose further obligations, such as mandatory counseling and probation. Many misdemeanor domestic violence charges include protective orders that limit contact between the involved parties.
• Felony domestic violence charges. These charges usually involve more severe cases of domestic violence, such as those with serious harm, sexual abuse, or the use of a weapon. Penalties include between 1 and 4 years in state prison. Fines can be up to $6,000, and probation will usually carry longer sentences and additional conditions. Nearly all felony domestic violence charges include protective orders.

Convictions for domestic violence can have further impacts on an individual’s life and rights. These convictions will stay on a person’s record, affecting background checks for future job and housing opportunities. They can also greatly affect custody cases, limiting or preventing a parent from having visitation or custody of their child. It is imperative to work closely with a qualified and experienced domestic violence lawyer if you are facing charges of any level.

FAQs for Domestic Violence Attorneys

Q: How Do I Get a Domestic Violence Case Dismissed in California?

A: In California, getting a domestic violence case dismissed can be a challenge. Since the state is the one actually prosecuting, the case will only be dismissed at the discretion of the prosecutor, and the state has a “no-drop” policy for these types of family law cases. However, a prosecutor may dismiss a domestic violence case if they no longer believe that there is enough evidence, which can happen if evidence and testimony are properly challenged.

Q: How Are Domestic Violence Cases Handled in California?

A: Domestic violence cases in Temecula, CA, fall under family law and are generally handled by family court. When domestic violence involves a defendant who is a minor, it may be handled in a juvenile court system. For cases with particularly severe offenses, they may be tried in a criminal court. The state handles the prosecution since domestic violence represents a crime. This means that individuals do not bring domestic violence cases against their alleged abusers.

Q: What Is the Domestic Violence Rate in California?

A: More than a third of California women have experienced some form of domestic violence in their lifetime. Just under a third of men in California have experienced the same. This means that, on average, 1 in 3 individuals will be a victim of some form of physical violence, sexual violence, or stalking by an intimate partner. On average, 1 in 6 homicide victims are killed by an intimate partner. Domestic violence remains an unfortunately common occurrence in all forms.

Q: What Percentage of Domestic Violence Cases Get Dismissed in the USA?

A: It is difficult to determine the exact percentage of cases that get dismissed because so many offenses are never even reported. In fact, about half of all victims do not report violence to the police. While a victim cannot dismiss a case after reporting it, recanting their testimony removes the key piece of evidence for the case. Other cases may be dismissed because there were procedural errors by the arresting officer or another official.

Contact Your Temecula Domestic Violence Attorney Today

If you’ve been accused of domestic violence, you need qualified and skilled representation from an experienced attorney. Najera Law Group, APC, is committed to offering aggressive representation to those who have been falsely accused and can work to defend you against unfounded claims. To learn more about your rights and options, or to get started with a consultation, contact our office today.