How do domestic violence charges affect a person’s life?

How do domestic violence charges affect a person’s life?

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Domestic violence is a problem that, although old, continues to affect many homes around the world. Even the most advanced societies and different social strata stand out in alarming statistics of occurrence. The United States, despite being one of the main powers worldwide, is also among the affected countries. Also, the state of California, a popular destination for tourists and immigrants, receives complaints from domestic violence victims every day through its primary means of contact.

This is a complex issue that deserves a subtle approach supported by the expertise of lawyers; this is for both victims and accused, considering the significant impact that the experience of domestic violence can have on a person’s life.

In this article, we will explore the complexities of this issue in California and, particularly, the impact such charges have on a person’s life.

Domestic violence in California

Domestic violence is defined as a pattern of abusive behavior used by one partner to gain or maintain power and control over the other. The definition covers physical, sexual, emotional, and financial abuse and harassment in any relationship so that each case can be unique despite its high incidence. In California, economic control is also considered a form, as it can be used as an attempt to exert power and authority against a current or former partner.

In fact, according to the California Department of Public Health (CDPH), approximately one in five women and one in seven men report having experienced serious physical violence from their partner in their lifetime. This, in turn, means that there is a high probability that every person, whether a US citizen or foreigner, knows either a victim of domestic violence or someone who has been accused of it.

Since this proportion is so alarming, it is essential to address this problem seriously and, especially hand in hand with state legislation on the subject. And in California, domestic violence charges not only carry legal consequences; They can also trigger significant disruptions in the personal life, professional career, and financial situation of those involved that may even be perpetuated or maintained for a long time. For this reason, seeking timely help is essential to reduce this impact.

Domestic Violence Legal Prosecution in California

As is well known, each state in the US has its laws that define the limits of acceptable and unacceptable behavior in their societies. In California, domestic violence crimes are prosecuted under various state laws such as Code 243e1 PC, with specific provisions including protective orders designed to restrict communication between the offender and the victim, as many documents and film references show.

It is worth mentioning that these orders constitute an essential protection mechanism to safeguard the victim from possible future abuse. In addition, the law allows the prosecution of an attacker based on threats with evidence, even without physical aggression, which offers greater scope to defend affected people.

Common Domestic Violence Charges in California

The laws governing domestic relations crimes in California are crucial to ensuring home safety and well-being.

Domestic violence can result in misdemeanor or felony charges, depending on the severity of the crime. Misdemeanor charges can carry up to a year in jail and fines, while serious charges can result in longer sentences, substantial fines, and a criminal record. Below, we break down some of the most common crimes contemplated by California law.

Bodily injury to spouse

This crime involves intentionally inflicting a traumatic injury on a person linked by marriage, cohabitation, parenthood, or past relationship. The injury may be minor in this case, but the legal impact is significant.

If considered a felony, the penalty is two, three, or four years in state prison under Penal Code section 273.5(a), while if it is considered a misdemeanor, the sentence can reach up to a year in county jail.

Disobeying a domestic relations court order

Here, the crime is the knowing violation of a valid court order issued by a California court. Common situations include custody disputes or violations of protective orders.

This crime can be considered serious with a previous conviction, with a sentence of 16 months, two or three years in prison according to section 273.6 (a) of the California Penal Code. Without a prior conviction, it is classified as a misdemeanor with a sentence of up to one year.

Assault

Section 242-243(e)(1) classifies assault as a misdemeanor and carries a penalty of up to one year in prison. The accusation requires proving the use of force or violence against someone with whom there is a relationship, a situation that can arise even without direct physical contact, such as in situations of aggressive distancing.

Simple assault

Under section 240-241(a), it is considered a misdemeanor and punishable by up to one year in jail. To prove this, the prosecutor must prove the attempt to cause violent injuries to another person, even if the damage was not achieved. For example, in the middle of an argument, one of the people tries to vent their anger towards the other with a slap but without success. If said intention is proven, the charges proceed despite no contact between those involved.

Criminal threats

The most common criminal threat is the typical threat of murder in the middle of arguments. Section 422 PC indicates that it can be a felony or misdemeanor, depending on the context. If it is minor, the sentence is 16 months; if it is serious, it will be two or three years in prison. For this verdict, it is necessary to demonstrate illegal intentional threats to commit a serious crime.

Make annoying phone calls

It involves making telephone threats that harm a person or their property, typically in domestic dispute situations. It is a misdemeanor punishable by six months in jail under section 653m(a).

Dissuading a witness from reporting a crime

It occurs when the defendant attempts to prevent a witness or victim from filing a report after committing a domestic violence crime under section 136.1(b).

Like others mentioned, it is charged as a misdemeanor; the penalty is up to one year in prison. As a serious crime, the penalty can be 16 months, two, or three years in prison. To do this, the prosecutor must prove that the accused tried to prevent a witness or victim from filing a complaint with the police or any other law enforcement institution.

Damage to a telephone or cable line

This crime occurs when, during an argument, one of the people involved says that they will ask for help, and the other (aggressor) tears the telephone line out of the wall or damages it in some other way to prevent the report.

Under section 591, it can carry a sentence of up to one year as a misdemeanor or 16 months, two, or three years as a felony.

What are the consequences of domestic violence charges?

It is crucial to note that victim statements may be admitted as evidence, even if the victim does not wish to testify in court, to protect those who may feel intimidated or pressured to recant.

Nonetheless, much is said about the consequences that an experience of this type has on the short and long-term psychological and physical health of the victims. But one aspect that isn’t mentioned as much is the impact that comes with domestic violence charges, which can be devastating.

Variable prison time

First of all, the legal implications include the possibility of going to prison for varying lengths of time. Depending on the severity of the charges, the offender or person charged could spend months or years in prison. But even if the sentence behind bars is short, simply entering can result in job loss, embarrassment, and damage to personal relationships.

High fines

Likewise, high fines can be applied, representing a significant burden on the finances of the accused and their dependents. With more context, fines can be added to other legal costs and fees. In contrast, the addition of other consequences already mentioned, such as loss of employment and credibility in the world of work, would entail greater difficulty.

Parole

There are also flexibilities, such as probation for certain aggressors, two prevalent scenarios when it comes to penalizing domestic violence. When offspring are involved, the loss of child custody or visitation rights is also added.

Although the term refers to a lighter sentence than prison, the truth is that, in effect, it is a much more conditional freedom than that of a person free of charges. It would reduce one’s ability to travel, both due to significant fines and limitations on movement between certain territories, even within the city in which one lives.

To ensure compliance, the state requires the defendant to communicate periodically with a probation officer. Depending on behavior and adherence to the rules of said sentence, it could be softened, reduced, or complemented with other measures.

Treatment and rehabilitation programs

It is well known that many cases are related to difficulties in anger management, depression, personality disorders, and substance addiction. For this reason, programs to treat psychological conditions are also among the implications of an accusation, in addition to the domestic violence preventive programs deployed by the California Department of Public Health.

But again, rehabilitation and therapy programs can also be expensive and extensive. Although they can have a very positive effect on the root cause of violence, demanding so much time and resources limits the possibility of finding a job and dedicating time to rebuilding family relationships.

Loss of access to weapons

The Gun Control Act of 1968, also known as the “Lautenberg Amendment,” is a federal law that prohibits people with a history of domestic violence from accessing and carrying firearms. The bans apply even to those with misdemeanor charges, and there is evidence that they are an effective life-saving measure in domestic violence cases.

Deportation of foreigners charged with domestic violence

For those who are not US citizens, deportation is a real threat in domestic violence situations with devastating consequences on the life project, primarily if a process to obtain permanent residence has already been initiated.

Let’s start with the fact that US immigration laws consider domestic violence a “crime of moral turpitude.” A proven accusation of this type may reflect the person’s bad character and their inability to adapt to the complex American legal system and norms of coexistence.

The importance of timely legal advice

Ultimately, public awareness, education, and access to supportive resources are essential to addressing and preventing domestic violence in California and across the country. Collaboration between the community, authorities, and legal professionals is critical to create a safer environment and support those affected by this problem.

Being such delicate situations, it is best to have adequate legal advice. A domestic violence attorney can guide clients through the complex California legal system. And depending on the case, this correct guide will help you protect your rights and advocate for the best possible results in the context of justice.

This support is more important for foreigners who expect to stay in the US. Kannan Law has vast experience with different types of immigration issues and can even advise on threats such as deportation. Contact us today so that we can help you.