Strategic Defense
From A Former Prosecutor

When can you be charged with domestic violence?

On Behalf of | Jun 28, 2024 | Domestic Violence

Domestic violence charges can arise from multiple forms of abuse. This can include physical, emotional, and psychological harm. These charges are applicable when the abuse occurs between spouses, cohabitants, parents, or individuals in a dating relationship. 

Understanding when the police can charge you with domestic violence is crucial to navigating these serious allegations effectively.

Neglect of children

Neglecting children can lead to domestic violence charges. Under state law, neglect involves failing to provide necessary care, supervision, or protection. 

Neglect can include leaving a child in a dangerous situation or not providing adequate food, shelter, or medical care. Such neglect is covered by domestic violence laws and can lead to harsh legal consequences.

Legal thresholds

The legal threshold for charging someone with domestic violence involves evidence of abuse or neglect. Law enforcement officers must have probable cause to believe that domestic violence has occurred. This evidence can include physical injuries, witness statements, or other corroborating evidence of abuse.

Consequences of charges

Violent crime charges related to domestic violence carry significant penalties in California. These can range from misdemeanor to felony charges, depending on the severity of the abuse and any prior convictions. 

Penalties can include jail time, fines, restraining orders, and mandatory counseling programs.

Protective orders

In cases of domestic violence, the court may issue protective orders to safeguard those attacked. The orders can restrict the accused from contacting or approaching the survivor. They can also cover child custody and visitation.

Understanding when domestic violence charges can be filed helps individuals recognize the severity of such actions and the resulting legal ramifications. Knowing your rights and obligations is essential in addressing and preventing domestic violence.