Domestic Violence FAQs

What is domestic violence?
Domestic violence law, also referred to as Spousal Abuse law, Wife Abuse, Husband Abuse, Child Abuse or Elder Abuse is when a person willfully inflicts bodily injury, resulting in a traumatic condition, upon another person with whom they are cohabitating. Under California Law, domestic violence is a crime regardless of gender. When responding to a domestic violence call, police officers are required to write a police report when a domestic violence incident occurs. With probable cause, police officers can make an arrest and submit their report for felony or misdemeanor prosecution.

I was arrested for Spousal Abuse but my wife was upset and says that she made a mistake when she called the police. Can she have the domestic violence charges against me dropped?
No, only the District Attorney can drop the domestic violence charges against you and this is unlikely to occur. The prosecutor, not the victim, makes the charging decision. A victim of domestic violence or spousal abuse often attempts to recant the statement they made to police in order to have the wife abuse, husband abuse, or partner abuse charges dropped against an abusive partner. In the past, this has led to a cycle of continuous abuse. The District Attorney's Office prefers to file charges and let the courts decide issues of domestic violence.

Can I be prosecuted for Domestic Violence or Spousal Abuse if the victim does not press charges?
YES, Domestic Violence or Spouse Abuse crimes are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to "press charges", the case will NOT be dismissed.

What are some of the routine penalties for the conviction of a Domestic Violence Law or Spouse Abuse?
It depends upon the circumstances of each case. However, first-time offenders are usually placed on probation, required to serve a few days of custody or public work service and complete a batterer's program. As these types of crimes are aggressively prosecuted, jail time is routinely sought even in first offense, non-serious injury cases. Our main goal is to get the charges dropped or reduced to a lesser offense and keep you out of jail! Some others penalties can include probation, significant fines, domestic violence counseling, and anger management classes.

What type of counselingcould I be required to attend?
Counseling helps batters learn to examine their lives and understand the reasons for their violent behavior. They learn how to walk away from a potentially explosive situation and resolve problems without using violence. They learn that they cannot control their relationships through violence. Attendance will be monitored by the court. There are numerous locations throughout the county offering different dates and times to make attendance easy. Batterers may pay for counseling on an installment plan. If alcohol or drugs are involved the courts will often order the defendant to attend Alcoholics (AA) / Narcotics Anonymous (NA) meetings. There are no dues or fees associated with AA or NA meetings. Meeting locations and more information can be found at:

What are the factors in determining any court penalties?
The penalties depend on the conditions of your case; however what will be considered in the case are any prior convictions, whether you are on probation or parole, the viewpoint of the local community and courts towards this type of crime, and any mitigating and aggravating circumstances.

Does the victim have to have a visible physical injury for the defendant to be convicted of Domestic Violence or Spousal Abuse?
No. A criminal battery is defined as the unlawful application of force to the person of another. A hit, punch, or kick is not required, just an offensive touching of another is considered a battery. Verbal spouse abuse or spousal mental abuse if coupled with threats, often called terrorist threats, can also result in an arrest.

What are some of the defenses for Domestic Violence or Spousal Abuse?
Depending on the specific facts and circumstances of your case, some defenses potentially include self-defense, insufficient evidence, and factual innocence may apply.
If convicted, what alternatives are there to jail?
Some alternatives can include house arrest, electronic monitoring, probation, community service, anger management classes, etc.

Domestic Violence and Abuse FAQ
by Your Friends at Lawyers.com

Q: How can I protect myself from a husband who abuses me? My friend told me to go to the police, and someone else told me to hire a lawyer. What are my options and how do I best protect myself and my children from this abusive person?

A: You may have several options. Most states have both criminal and civil domestic violence laws. You could contact the police to report the abuse. Your husband will likely be arrested and charged. Depending on the outcome of the court hearings and whether he is tried and found guilty, he may be put in jail. The judge will likely order a temporary protection order that prevents him from contacting you, and possibly the children.
Once you notify the authorities of the abuse, they usually have complete control over whether your husband will be prosecuted or not.

Some states have laws that allow you to file for a protection order without contacting the police. A civil protection order will restrain your husband from contacting you, and maybe your children, and will give you temporary custody of your children.

Its important to contact a family lawyer in your area to find out which laws apply to your situation.

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Q: My estranged husband keeps threatening to break into my apartment. Is he correct when he says he wont be arrested because were still married?

A: Many states have some type of law that neither spouse can be excluded from the others separate residence. But several of those states dont apply the law where a crime has been committed (such as trespass or burglary). Depending on where you live, your husband may be charged with trespassing and/or burglary if he enters your apartment without your permission.

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Q: My husband abuses me and isnt a U.S. citizen. Will he be deported if I bring charges against him?

A: The Illegal Immigration Reform and Immigrant Responsibility Act allows for deportation of non-citizens for domestic violence, child abuse, child neglect and abandonment, violation of a protective order and stalking.
Keep in mind that deportation can affect your ability to receive and/or get alimony and child support. It will be very difficult, if not impossible, to collect support from a spouse who has been deported to another country.
It is very important for you to contact a qualified lawyer in your area to advise you on how to proceed on your domestic violence matter, since it is trickier than the normal situation.

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Q: Can I file a domestice violence case against my abusive ex-fiance?

A: You may want to file a civil domestic violence petition with the hopes of obtaining a civil protection order restraining your ex-fiance from contacting you. The problem, however, is that each state with a civil domestic violence statute has its own definition of what constitutes a household or family member for purposes of bringing a domestic violence action. Depending on how these are defined in your state, you may not be considered a household member or family member to your ex-fianc.
But even if your state doesnt include a fianc under the domestic violence laws, hell still be subject to the normal laws that prohibit violence.

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Q: Do I have a civil rights case against my abuser?

A: Several years ago, domestic violence litigation branched out into federal courts when the Violence Against Women Act was enacted. Under this Act, you could bring a civil law suit against an attacker where the violence was gender motivated. However, on May 15, 2000, the United State Supreme Court declared this part of the Act unconstitutional, and a federal civil remedy against your abuser is no longer available.
Laws on domestic violence vary from state to state. A local family lawyer can tell you about the laws where you live.

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Q: I have a protection order against my ex-husband, but he continues to call me and harass me. What can I do?

A: The police have a responsibility and duty to enforce a protective order. If your ex-husband is violating that order, he should be arrested. Violation of the order will be either a contempt of court, or its own criminal act. If it is a contempt of court, youll want the police report to assist you in bringing a contempt charge. If it is a criminal act, youll want the police to know about the problem so they can enforce the law. If you continue to have difficulties with your local police, you may want to discuss your situation with an attorney and file something with the court

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