Fullerton Domestic Violence Defense Lawyer
Understanding Domestic Violence & Family Disputes
What constitutes domestic violence according to the laws of California? Domestic violence is a crime that is defined as violence or physical abuse directed toward a spouse or domestic partner, and it is typically assumed to be committed by men against women. The definition of domestic violence will vary depending on the context in which the term is used and may describe sexual abuse, physical abuse, or even psychological abuse.
It is important to note that some domestic violence charges are unfairly used for leverage in a pending or ongoing divorce or child custody dispute. Have you and your spouse been arguing often and now she is suddenly telling people that you hit her, even though you know it is not true? It probably is no coincidence. She might be trying to spread dangerous rumors about you to increase her chances of gaining full child custody in an upcoming divorce.
Types of Domestic Violence & Corporal Injury in California
A quick overview of California’s laws against domestic violence includes:
- Corporal Injury to a Spouse or Cohabitant: According to Penal Code 273.5, it is illegal to inflict a "corporal injury" resulting in a "traumatic condition". This includes striking an intimate partner in a violent way that brings about a visible injury, even a slight bruise or swelling.
- Domestic Battery: Penal Code 243(e)(1) says that it is a misdemeanor crime to inflict violence or force on an intimate partner. The term "intimate partner" includes a fiancé, partner, cohabitant, or the parent of the defendant’s child. This crime does not require visible injury to validate the charge.
- Child Abuse: California Penal Code 273d makes it a crime to commit child abuse, which includes any act of inflicting "corporal punishment or injury" that is "cruel or inhuman" and causes an injury of any kind. Intentional neglect of a child could also be construed as child abuse.
- Elder Abuse: It is a crime to inflict physical or emotional abuse, neglect, endangerment, or financial fraud on a victim who is 65 years of age or older under Penal Code 368. Elder abuse charges are usually filed against caregivers outside of the direct family.
- Child Endangerment: According to Penal Code 273a, it is a crime to willfully allow a child in your care or custody to suffer harm or be placed in a situation that endangers their health. For example, a mother who allows her boyfriend to abuse her young child can be charged with child endangerment.
- Criminal Threats: Penal Code 422 states that it is a crime to communicate a threat of serious harm to someone if you intend to put the person in fear and if you actually do put that person in sustained fear. Criminal threats and charges relating to them may be charged as either a felony or misdemeanor depending upon the circumstances.
What are the Penalties for Domestic Violence?
The penalties for domestic violence charges will vary depending on the seriousness of the injury and the defendant's criminal record, but many counties in California impose the following penalties:
- Minimum jail sentence of 30 days for first-time offenders
- For a majority of offenders, mandatory attendance at a 52-week domestic battery class
Attorney Jacqueline Goodman’s reputation for success in domestic violence cases is well-known throughout the local legal community. In fact, many of her domestic violence cases come to her law firm from referrals from fellow criminal defense attorneys who know she has the insight and experience to handle it. She is focused on obtaining better plea bargains and more dismissals for her clients, regardless of how strong the prosecution’s case might seem at first.
Experienced Legal Counsel from The Law Office of Jacqueline Goodman
One of the things that you must keep in mind regarding domestic violence is that false accusations take place all the time. Jealousy, bitterness, revenge, and misunderstandings or false memories can easily lead to false accusations of domestic violence or abuse. If you have been accused of domestic violence, contact the Law Offices of Jacqueline Goodman in Fullerton as soon as possible. Involving a domestic violence attorney of her caliber at the beginning of your case will give you the greatest chance of refuting the charges brought against you.
Why else should you insist on getting domestic violence defense representation from Attorney Jacqueline Goodman? Working with a female defense attorney brings a unique perspective to the representation of a domestic violence case that the prosecution will not anticipate.
Attorney Goodman is never quick to rely on a plea bargain if the best interests of her client would be served by litigation. She is not afraid to go to Court and fight for your rights. Local prosecutors throughout Orange County recognize Jacquelin’s name and know they will have a hard time gaining any ground during trial.
Contact her firm in Fullerton today to challenge your domestic violence accusations head-on.