Why Defendants Need the Help of an Experienced Domestic Violence Attorney
Domestic violence charges are among the most common but also most damaging crimes a person can face, and thus require the assistance of a domestic violence lawyer in order to fight the charges. A charge of domestic violence can happen under a wide range of circumstances, and as any domestic violence attorney will tell you, false claims often arise during divorce or child custody cases.
According to most domestic violence attorneys, the most common domestic violence charge in California is Penal Code 373.5. Under this code, a person can be charged with a crime if he inflicts bodily injury on a current or former spouse, the parent of that person's child, or any person with whom that person either does live or has lived. The person must inflict 'bodily injury' on another, and the courts interpret bodily injury very broadly; the injury must simply be visible, thus even slight swelling will count toward bodily injury. This, along with any of the domestic violence charges, requires the assistance of a knowledgeable domestic violence lawyer to defend against the charges.
The law is even broader under Penal Code 243(e)(1. This section of the penal code makes it a misdemeanor to inflict force or violence against an intimate partner. Not only does this section of the law requires no bodily injury, one can be charged with this crime for any violent act against any intimate partner, whether or not the two people have ever lived together.
Beyond these two penal code sections, prosecutors have a variety of other charges often leveled against people based on domestic disputes that require the help of a Domestic Violence Attorney. Penal Code 646.9 is California's anti-stalking law, which prevents threatening or harassing another person to the point where that person fears for either his own safety or that of his family. Once again, prosecutors have wide discretion to interpret what constitutes threatening or harassing actions and can file stalking charges as either a felony or a misdemeanor, and only a seasoned domestic violence lawyer can help fight these often erroneous charges.
Dropping Domestic Violence Charges :-
One of the most dangerous aspects of California domestic violence law for those accused is the fact that many charges of domestic violence are made during heated circumstances, often where drugs or alcohol are involved. Most domestic violence lawyers find that alcohol or drugs are common in many cases of presumed domestic violence. Yet once http://www.zjsea.org/what-is-a-workers-compensation-claim-and-how-to-get-it/ the charge is made the accuser does not decide whether he or she wishes to pursue the case. It is solely up to the district attorney, not the accuser, whether to pursue a domestic violence charge, and the district attorney can disregard the accuser's wishes and charge the accused; this, as any domestic violence lawyer will attest, is a quite common occurrence.
Other Effects of Domestic Violence Charges :-
Beyond the obvious danger of a prison sentence upon conviction of a domestic violence charge, those who are found guilty of domestic violence face other, non-criminal sanctions. A domestic violence law passed in 2000 mandates that police remove all firearms at the residence of a person convicted of a domestic violence charge. Furthermore, family courts must make a presumption that giving custody to a party convicted of domestic violence is detrimental to the child. Since many charges of domestic violence arise during disputes over child custody, this is perhaps the most damaging consequence of a domestic violence conviction, and thus requires anyone accused of this crime to seek the help of a domestic violence lawyer.