Determining the exact events in a domestic violence dispute can be difficult.
Make an Arrest in Domestic Violence Dispute
When that call is made, and officers arrive on the scene, they might not have the inclination to determine exactly who is right or wrong in the situation. In some cases, police are required to arrest a person and take them into custody just on allegations of domestic violence. In many instances, they just need to make are arrest. When they arrive, police will take a report, examine the alleged victim for signs of contact or traumatic injury. And even if the injuries are slight, they will make an arrest of he alleged abuser. Photos of the injuries will be provided to the prosecutor’s office as evidence.
Domestic Violence Law in California
California Penal Code 273.5, a California domestic violence law, requires a prosecutor in a domestic violence case to prove a defendant inflicted corporal (bodily) injury upon a current or former spouse. Additionally, a prosecutor must prove a defendant willfully or intentionally caused the injury, and that the injury resulted in a “traumatic condition”. Also, the PC 273.5, the alleged victim does not have to actually be married to the defendant.
False Accusations
A lot of people are falsely accused in domestic violence cases. When disagreements between two people escalate, charges of domestic violence can easily be tossed around in an effort to gain control of the he-said/she-said situation. A lot of times, domestic violence can also be a simple case of one person trying to defense themselves against the other. These cases, because they are such serious offenses, and because they involve such tense emotions, can be hard to face without a lawyer.
Penalties for Conviction
A conviction of PC 273.5 can result in the defendant receiving a a state prison sentence for two, three, or four years, or a sentence in county jail for not more than one year. Additional penalties include a fine of up to six thousand dollars ($6,000).
