Domestic Violence

Tenacious Modesto Criminal Defense Lawyer Strategically Defending Client Facing Allegations of Family Violence

Domestic violence charges involve allegations of threats or physical violence committed against certain individuals who share an intimate or romantic relationship or did at one time. Given the close relationships between the parties in these cases, domestic violence offenses raise many issues, from the credibility of the alleged victim to prior allegations of abuse. Thus, those who face crimes of domestic violence need to ensure they are represented by an experienced Modesto criminal defense attorney who has the experience, dedication and tenacity necessary to effectively handle these complex cases. At the Law Office of Rebecka A. Monez, our criminal lawyer aggressively advocates on behalf of clients in all types of domestic violence offenses. With our help, you can make sure that your arrest has as little impact on your future as possible.

What Is Domestic Violence in California?

Under Penal Code § 13700, domestic violence is defined as "abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship." In the context of domestic violence, "abuse" can refer to any of the following:

• Sexual assault,
• Physical assault,
• Putting someone in fear of being attacked,
• Harassment, stalking, making threats or otherwise intimidating or threatening someone.

So, for a case to qualify as a domestic violence offense, it must involve one of the above actions taken against a spouse, former spouse, cohabitant, former cohabitant, or someone with whom you have a child or had a dating relationship.

Types of California Domestic Violence Offenses

California lawmakers have passed numerous domestic violence offenses, which range in severity from misdemeanors to serious felonies.

Domestic Battery

In California, a battery involves "any willful and unlawful use of force or violence upon the person of another." Penal Code § 243(e)(1) provides that any battery committed against "a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship" is punishable by up to one year in jail and a fine of up to $2,000.

Corporeal Injury to a Spouse (or Partner)

Causing corporeal injury to a spouse or partner is a more serious version of the domestic battery statute. Under Penal Code § 273.5, to be found guilty of this offense, the government must prove that you caused actual injury to your spouse or partner. Causing corporeal injury to a spouse or partner is punishable by a term of up to four years in jail and a fine of $6,000.

Stalking

Under California law, stalking involves repeatedly following or harassing another person while making a threat to place that person or their family in reasonable fear for their safety. A stalking conviction carries a maximum prison term of one year and a fine of $1,000.

Additional Offenses

In addition, while the following are not strictly domestic violence offenses, they are commonly charged as domestic violence offenses.

• Sexual battery,
• Oral copulation,
• Oral copulation with a minor,
• Incest,
• Kidnapping,
• Rape,
• Aggravated sexual assault of a child, and
• Continuous sexual acts against a child.