Domestic violence under the California Penal Code 1203.097 includes offenses against not only people with whom you have romantic entanglements, the code also covers violence against children, brother, sister and even parents. If a crime is committed against someone under these rules, they are subject to receive specific sentencing under the law. While some may view domestic violence different when it comes to some family members, the courts may not.
Common Offenses Against Family Members
Both of these offenses involve boyfriend/girlfriend, spouse and significant others:
- Corporal injury to a spouse: Under the penal code, the following elements must be proven a. The defendant knowingly and intentionally caused harm to a current or former spouse or mother/father of a child. b. The individual received trauma from the injury. c. The injuries inflicted were not in self defense.
- Spousal battery: With spousal battery, it must be proven that the defendant willfully attempted to harm the individual. b. The victim has a current or prior relationship with the defendant that could be deemed a co-parent, co-habitation or dating.
There are unfortunate times when elderly parents are caught in the middle of a domestic violence situation. If you are charged with hitting, striking or terrorizing an elderly person, you could be charged under California’s elder abuse law.
Physical violence against any close family member can be charged as simple battery.
Domestic Violence Cases and Sentencing
An individual who is convicted of a domestic violence charge can suffers a number of consequences:
- Probation for up to three years, along with counseling, fines, fees and a protective order.
- The court may opt for the person to attend parenting or battering classes if the victim is a family member
- A Level One protective order may be issued for the individuals to have peaceful contact
Domestic violence is a serious offense that rarely goes unpunished. If you have multiple offenses, prosecutors may give you a much harsher sentence.
Why Do Prosecutors Have A Difficult Time Prosecuting Domestic Violence Crimes?
One of the biggest things regarding domestic violence crimes is that by the time rolls around for the case to be prosecuted, the parties involved have often made up and refuse to testify against their loved one. This is a very common theme.
This can be very frustrating to a prosecutor, especially when they have gone to a great deal of trouble to protect your rights. However, even in cases, when a victim has not cooperated, the prosecution will often charge the person anyway with some type of crime.
If you or a loved one has been arrested for domestic violence against another family member, you will need a professional attorney for help. There are a number of attorneys in the Los Angeles area who can take on your case. They will look over the facts and provide you with the best defense possible. Call today for a free consultation. Allow an attorney to preserve your rights.