California law allows that you can be arrested for domestic violence even if the victim does not want you arrested, as the prosecutor can file charges on their behalf even if the victim does not want charges filed. The victim is viewed as a witness in a government prosecution and therefore the prosecution can proceed with the criminal case even if the victim is not willing to go to court.
DOMESTIC VIOLENCE ABUSE EXAMPLES
 Threats
Intimidation
Annoying Phone Calls
Stalking (such as following the victim to and from work, and threatening the victim)
Physical Assault or Abuse
 Hitting
Slapping
Pushing
Shoving
Kicking
Biting
Pinching
Punching
Hair pulling
Beating
Sexual Abuse
Unwanted sexual touching
Forced sexual acts
Criticizing sexual ability
Verbal Abuse
Emotional cruelty
Constant criticism
Name calling
Ignoring the victim
Degrading remarks
Mocking
Taunting
Swearing
Financial Abuse
Refusing to pay bills
Withholding money from victim
Not allowing victim to work
Not purchasing family necessities
Social Abuse
Isolating the victim from family/friends
Violating privacy rights of victim
Opening and reading victim's mail
Monitoring and listening in on telephone calls
Outward jealousy and possessiveness
Child Abuse
Child endangerment charges can be filed if the child witnesses the violence
California law dictates that domestic violence charges may be filed as either a misdemeanor or a felony by the Prosecutor who will typically base their decision on the seriousness of the case. For instance, no injury or slight injury will typically be filed a misdemeanor charge while those with severe cuts or broken bones will result in felony charges being filed. If there are prior acts of reported domestic violence or the accused has a prior criminal history the case may be filed as a felony.
DOMESTIC VIOLENCE PUNISHMENT · CONSEQUENCES
Misdemeanors:
Brief jail sentence (0 to 6 months County jail)
Counseling (52-week program)
40 hours of community service or physical labor (CalTrans)
Various fines
Stay-Away Order from the victim, including moving out from residence
"No Harm, No Strike" Order for couples
Felonies:
Jail time (time can range from 3 months in County jail to 3 years
in State prison)
Counseling
(52-week program)
40 hours
of community service or physical labor (CalTrans)
Various
fines
Stay-Away
Order from the victim, including moving out from residence
"No
Harm, No Strike" Order for couple
The consequences of being convicted of either a felony or misdemeanor
domestic violence charge are very serious and you are encouraged
to contact Rizio & Nelson if you have any reason to believe
that you might be charged. We are here to assist you seven days
a week, twenty four hours a day.
We thank you for visiting the website
of California Domestic Violence Lawyer, Attorney.
Legal information presented at this
site should not be construed to be formal legal advice, nor the
formation of a lawyer or attorney client relationship. |
