It’s not unusual for a discussion to quickly turn into a heated argument. Usually, emotions calm down, and life goes on.
California treats domestic violence differently than some states do. For example, it isn’t limited to physical assault. There are times when verbal conduct can cross the line and result in criminal charges, especially if it is in the form of criminal threats or significantly disturbs someone’s peace.
Arguments happen
Almost everyone has had disagreements with another person, and most arguments don’t violate the law. Just because yelling and swearing were involved, that doesn’t mean domestic violence occurred. The problem arises when the argument evolves and starts to create fear of serious harm. A person can be charged with making a criminal threat if they:
- Intentionally threaten to seriously injure or kill someone
- Intend the threat to be taken seriously
- The person hearing the threat has a reasonable fear that the threat will be carried out
The threat doesn’t even have to occur face-to-face. Text messages, voicemails, emails or social media posts can all be used as evidence.
When these threats happen between spouses, dating partners or family members, they are typically treated as domestic violence-related offenses. Police officers are often called to handle domestic disputes during emotional moments. If the police believe that a threat was made and the other person was genuinely afraid, they may go ahead and make an arrest, regardless of whether the alleged victim wants to press charges.
Potential consequences
Prosecutors take domestic violence allegations seriously, even when the case is based mainly on words instead of actions. If convicted, the defendant can face serious consequences, such as:
- Jail time
- Probation
- Fines
- Mandatory counseling
Your argument alone is unlikely to lead to domestic violence charges. However, if something you said in a heated moment leads to an accusation, it’s essential to take the situation seriously. Getting experienced legal guidance can help you protect your rights and make your case.