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What is Considered Domestic Violence?

To define domestic violence, you first need to have an understanding of a domestic relationship.  In California this is defined in the Penal Code 273.5.  It says that the victim is at least one of the following:
  • The offender’s spouse or former spouse
  • The offender’s cohabitant or former cohabitant
  • The offender’s fiance or fiancee, or someone with whom the offender has, or previously had an engagement or dating relationship.
  • The mother or father of the defendant’s child
If none of these exist within the case, then although it is still unlawful to inflict violent injury, there is no domestic violence case.   To further define domestic violence, one of the following actions must be performed in a domestic relationship:
  • Intentionally or recklessly to cause or attempt to cause bodily injury
  • Sexual assault
  • To place a person in reasonable apprehension of imminent bodily injury to that person or to another
  In full, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many forms of abuse are included in the definition of including physical abuse, sexual abuse, emotional abuse, economic abuse, psychological abuse, threats, & stalking. Domestic violence is common.  The graphic below shows some statistics of domestic violence.   Domestic Violence Facts and Statistics

Domestic abuse is a significant problem in San Diego.  The San Diego Violence Council reports that an estimated 1 of 4 children in California is directly exposed to violence either as a victim or witness.  That everyday about 530 women and children need shelter. On average 21,000 domestic violence call and cases are reported every year and many are not reported. Over 5,600 calls to the domestic hotline are made from california annually.  Here are 30 more shocking domestic violence statistics.

Being accused of domestic violence is serious.  You can be charged for either a felony or a misdemeanor and either way the charge can be put on your permanent record cause you to suffer in the future. There are big fees and consequences you could be facing if you’ve been accused of domestic violence. There are a lot of instances where people are wrongfully accused of abuse.  Even if the conditions are met making it seems like a domestic violence case, there is still hope for the defendant.

There are two common defenses for these cases.  The first is self defense. Self defense justifies the use of physical force against the plaintiff. If the defendant can make the case that their use of force was necessary to protect themselves, the outcome can be successful.  The second common defense is de minimis.  These infractions assert that the injuries that are being presented are too minor and trivial to be considered for a criminal offense.

Hiring a well-practiced and trusted attorney is important if you have been charged with domestic violence. Bradley Corbett is a well-recognized lawyer in the San Diego area.  He has won cases in every courtroom and puts his clients fears and anxieties to rest when handling stressful domestic violence cases.  

You can contact Bradley Corbett anytime and set up a free consultation.  The 2 things he needs to know first is 1. The degree of injury of the victim and 2. He needs to know if there has been any prior domestic violence issues.  From there he can talk about what options you have and how he can be of assistance to you moving forward.  

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Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

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