Relationships are complicated and when tensions with your spouse or partner become physical, you may be arrested or charged with crimes related to domestic violence pursuant to California Penal Code Section 273.5 or 243(e)(1). If the police are called and have the slightest inkling that some domestic violence has occurred, they are required to take the person accused into custody. Since minor arguments and a slight physical touching can be enough for the police and the prosecutor to charge you with a crime, you must know how to protect your rights.
Types of Domestic Violence
Physical Abuse Physical abuse can be defined as the threat of harm or any forceful physical behavior that intentionally or accidentally causes bodily harm or property destruction, including the following:
- Hitting, beating, choking, pushing, slapping, kicking, pulling hair, biting, punching, backhanding, arm twisting, shoving, kicking or burning
- Holding the partner down
- Throwing objects
- Locking the partner out of the home
- Refusal to get the partner help or medical attention
- Forced use of substances such as drugs or alcohol
- Depriving the partner of medication
- Damaging or stealing or selling the partner’s possessions
- Threatening to use or the use of a weapon against the partner
- Driving recklessly
- Punching walls or doors
Sexual abuse is any forced or coerced sexual act or behavior motivated to acquire power and control over the partner. Common examples are:
- Unwanted touching
- Demeaning remarks about the partner’s body
- Forcing sex or sexual actions on the partner without consent
- Using force or roughness that is not consensual
- Rape with an object
- Coercing the partner into sex with others
Emotional Abuse is any use of words, voice, action or lack of action meant to control, hurt or demean another person. Emotional abuse typically includes ridicule, intimidation or coercion. Emotional abuse is present in almost all relationships where physical abuse occurs, and it can have serious and long-term consequences for the partner, eroding self esteem and confidence, as well as instilling feelings of helplessness and hopelessness.
As two highly accomplished former prosecutors, the attorneys at Kundani & Chang LLP have a thorough understanding of the California laws related domestic violence, and understand that each case is uniquely fact intensive. In fact, one of our partners devoted most of his career at the District Attorney’s Office working in the Victim Impact Program, a specialized complex litigation unit that focuses on the vertical prosecution and investigation of domestic violence cases. The bottom line is that we know how to investigate your case and how to present it in the best way possible. Our attorneys understand that at the time of the incident, the police often do not have a complete background of the facts to determine who was responsible for the ensuing struggle. Often spouses and partners lie in the heat of the moment, or you may have been defending yourself against aggression, or the struggle may have been mutual. Many times, the punishment offered is excessive and there are many ways to negotiate a more favorable settlement. And sometimes, a trial is necessary, and if that is the case, our attorneys are second to none.
The attorneys at Kundani & Chang LLP have a thorough understanding of the California laws related to domestic violence, and understand that each case is uniquely fact intensive. We have handled several hundreds of domestic violence cases throughout the years. Contact our office today to see how we can help you.