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California Domestic Violence: A Closer Look

California has enacted extremely strict laws and penalties against domestic violence in order to help lower the number of incidents that occur annually and protect victims. While nobody can argue that domestic violence is a serious crime, the laws in place to protect the victims have become so strict, that even being accused of domestic violence could change your life forever.

If you’re accused, regardless of if you’re guilty or not, you can expect to be arrested, forced to leave your home, and barred from seeing your children until things are resolved. While the victims receive protection and support, which they often need, the accused party, unfortunately, is often presumed “guilty until proven innocent.”

If you’ve been accused of domestic violence, it’s more important now than ever to discuss your situation with an experienced San Bernardino domestic violence defense attorney so they can help you put together a plan to protect your future.

Mark Raymond McDonald, Esq., A Law Corporation has been fighting for our clients’ freedom for countless years. If you have questions about your pending domestic violence charges, our team is here to help. Call us today (909) 443-1599 to discuss your situation over the phone.

It’s important to understand how your situation could play out, and it’s crucial to speak with an attorney about what options are available to you.

What Is Domestic Violence?

Domestic violence can be explained, as stated in Penal Code 13700, as an act of abuse committed against someone you know. Now, there are more guidelines that must be met for an act of abuse to be considered domestic violence.

For an act to be considered domestic violence, the victim must be:

  • A current or former spouse
  • The mother/father of your child
  • Someone you currently or previously lived with

Additionally, the California Family Code adds to the list of domestic violence victims by including:

  • Parents
  • Siblings
  • Children
  • Grandparents

Essentially, if someone is a blood-relative of you, abuse against them could be considered domestic violence.

Types of Domestic Violence Crimes

As stated above, domestic violence is an umbrella term for many different acts of abuse.

Physical DV

A large majority of domestic violence cases in California include physical violence. These crimes are the easiest to prove, as with physical abuse, there is typically concrete evidence in bruises, scars, and physical harm.

The most common examples of physical domestic violence include:

  • Domestic Battery - Abuse involving physical force against an individual that doesn’t necessarily cause injury (e.g. shouldering, shoving, pushing, etc.)

  • Child Abuse - Abuse involving physical force against a child that results in injury or lasting trauma.

Non-Physical DV

There are numerous non-physical actions that can be considered domestic violence, including:

  • Stalking - Threatening or harassing a victim to the point they feel unsafe. This includes violating court orders.
  • Making Threats - Threatening to cause harm to an individual.
  • Neglecting Your Child - Failing to provide your child or children with the basic necessities for life (e.g. water, food, a home, etc.)
  • Elder Abuse - Abuse to an individual over the age of 65.

Get the Experience You Need

At Mark Raymond McDonald, Esq., A Law Corporation, our team has been helping individuals fight their domestic violence charges for countless years. We know what to look for to build a strong case to help fight for your future.

If you’ve been charged with domestic violence in California, we’re here to help. Call us today (909) 443-1599 to discuss your situation with our team over the phone.