What Technically is Domestic Violence?

In the state of Los Angeles domestic violence happens when someone inflicts physical injury on someone in the home or otherwise in their personal space.  It also occurs when a person stalks, abandons or threatens another person.

Domestic violence is a serious issue and should not be taken lightly here are some things you’ll want to know about this ongoing problem.  If you need legal counsel on this issue you can call Takakjian & Sitkoff, LLP.

Code

Penal Code 273.5 in Los Angeles is the most common domestic violence charge.  It refers to corporal injury to a person who is or has previously been intimately involved with the accused.  

Stats

These are some numbers and facts regarding domestic violence.  One-third of all violent felony defendants were previously charged with domestic violence.  Fifty-four percent of all domestic aggravated assault defendants were less likely to be given a pretrial release compared to 62 percent of non-domestic aggravated assault defendants.  Also, there is a higher conviction rate for domestic sexual assault defendants at 98 percent as opposed to 87 percent for non-domestic sexual assault defendants. This code can be filed as a felony or misdemeanor.

Arrest Factors

Some things that factor into someone getting arrested for domestic violence in Los Angeles are as follows:  The first thing police take into account when making a domestic violence arrest is who called 911.  After that, they try to determine who was more upset. Then, they check to see who’s injuries were more severe.

It should be noted that gender bias does come into effect in these situations and there are some people out there who know how to work the system so to speak to their advantage.  However, according to attorney Diana Aizman, some people call the police with hopes of simply calming down an escalating situation.  In these cases though, someone often times ends up getting arrested for domestic violence.  

How to Prove a Domestic Violence Charge?

A prosecutor must prove beyond a reasonable doubt that there was willful and intentionally inflicted injury done to an intimate partner.  They also must prove there was a traumatic condition caused to the partner as well. Even if you didn’t intentionally mean to hurt your partner you can still be charged with domestic violence.  For instance, maybe you pushed your partner and they broke their ankle.  You weren’t trying to break their ankle when you pushed them but you did intentionally push them so you are still able to be charged with domestic violence.  

What Constitutes an Intimate Partner?

• A cohabitant or previous cohabitant
• Spouse or former spouse
• Someone you are engaged to be married with or were formerly dating
• A parent of the offender’s child

Defenses

Some defenses for domestic violence may be a lack if willful intent, false accusations, or lack of proper proof.