Domestic Violence is a very serious misdemeanor crime in California. The courts look at these cases very seriously, and the bail for such an offense is usually set at $50,000.00 in Los Angeles County. Tom Loversky has handled well over a hundred DV cases and has experience defending those who are accused.
Many Innocent People Get Accussed. Sadly, many use the false claim of violence to get the upper hand in a divorce or child custody case. Additionally Police will sometimes mistake self-defense during a mutual struggle as a battery.
What is Domestic Violence? Domestic violence is a pattern of behaviors where one partner tries to maintain control of the other through the use of physical force, intimidation and threats. The abuse can take many different forms:
|Physical||Kicking, punching, shoving, slapping, pushing, burning, biting, choking or kicking.|
|Sexual||Forced or pressured sexual acts, criticizing his/her body parts and rape (even if married).|
|Emotional||Excessive jealousy, crazy-making, mind games, isolation from friends and family, making the victim feel worthless and threats.|
|Verbal||Name calling and put-downs.|
|Spiritual||Attacking the victim’s spiritual or religious beliefs or misquoting scripture to justify abuse.|
|Financial||Controlling the victim’s economic status and basic needs, withholding money and prohibiting the victim to work.|
|Destructive Acts||Destruction of victim’s property, vandalism and harming or killing pets.|
|Homophobic||Threatening to “out” the victim’s sexual orientation.|
|Immigration||Using fear of deportation.|
In California, domestic violence is a crime. Criminal code section 273.5 requires criminal penalties including jail or prison and participation in a 52-week batterer’s treatment program. To meet the criteria for arrest under 273.5 the partners must be married, living together, or have a child in common, and the victim must have visible injuries.
Penal Code section 243(e)(1) is also a domestic violence charge where a person commits a battery upon a victim that is the defendant’s spouse, fiance or an individual with whom the defendant currently has or has previously had a dating relationship.