Domestic Violence Charges in California
Domestic violence in California carries serious legal consequences. These consequences can be both civil and criminal. If you are arrested, criminal charges can follow, putting your future in great jeopardy. Even if criminal charges are not filed, a spouse or partner or family member can seek a restraining order in family court, known as a Domestic Violence Restraining Order (DVRO). Often times, someone arrested for domestic violence will face both consequences, finding themselves having to defend themselves in criminal and family court.
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PC 243(e)(1) - Domestic Battery: This section prohibits the willful and unlawful use of force or violence upon an intimate partner. It is a misdemeanor offense.
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PC 273.5 - Corporal Injury Upon a Spouse or Cohabitant: This section covers corporal injury resulting in a traumatic condition, in other words, an injury inflicted upon a spouse, cohabitant, or fellow parent. It can be charged as a misdemeanor or felony.
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PC 273.6 Violating a Protective Order: If someone violates a restraining order or protective order related to domestic violence, they can be charged under this section. If charged on its own, usually a misdemeanor, though this conduct could be rolled into a felony if there is accompanying violence or is part of a larger pattern of stalking.
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PC 166(c)(1) Violating a Protective Order: If someone violates a restraining order or protective order issued already in an existing criminal case.
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PC 422 - Criminal Threats: Threatening to kill or harm an intimate partner or their family members can lead to charges under this section. This can be charged as a misdemeanor or felony.
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PC 368(b) or PC 368(b) - Elder or Dependent Adult Abuse: If the victim of domestic violence is an elder or a dependent adult, this section may apply. This can be charged as a misdemeanor or felony depending on the harm to the elder or dependent adult.
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PC 273a(b) or PC 273a(a) - Child Endangerment or Child Abuse:If a child in an adult's care is put at risk, or otherwise actually harmed, charges of child endangerment or child abuse can apply. This can be a misdemeanor or a felony, depending on the risk to the child involved risk of great bodily injury or death.
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PC 653(m) - Harassment by Telephone or Electronic Device: Prohibits repeated calls or electronic communications or communications that are obscene or threatening, or communications with the intent to harass. Generally a misdemeanor, but could be a felony if wrapped up with other stalking-like activity.
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PC 591.5- Interference or Tampering With Communication Device - Prohibits preventing another person from seeking assistance from law enforcement for a crime. An example often seen in domestic violence cases is one person tries to pull the phone out of another person' s hands as they try to call the police.
California Domestic Violence Frequently Asked Questions -
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Adam Klugman is among the most skilled and well-respected domestic violence attorneys in Orange County and the Los Angeles area. As a former prosecutor, Adam had the assignment of handling the toughest and most complex domestic violence cases charged by his office. In private practice, Adam is known to effectively advocate and fight for his domestic violence clients.
Klugman Law PC handles criminal defense of domestic violence charges in Orange County and Los Angeles County and also handles Domestic Violence Restraining Orders (DVRO) for petitioners and respondents.
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