Domestic Violence

Domestic Violence is a general term that involves violence or threats of violence upon either a:

1. Spouse; or
2. person with whom he/she is cohabitating; or  
3. 3. person who is the mother/father of his/her child
   
   

Typical criminal offenses that are charged in a Domestic Violence case:

1. PC 273.5—Spousal Abuse
2. PC 242-243(e)(1)—Battery
3. PC 240-241(a)—Assualt
4. PC 422—Criminal Threats
5. PC 653m(a)—Threatening phone call
6. PC 591—Damage phone/cable/ or TV line
7. PC 136.1(B)(1)—Intimidating a witness or victim

Consequences
Domestic Violence charges are classified as "wobblers", which means they can be charged as either a felony or misdemeanor. Usually this is determined by the seriousness of the case. Severe cuts and broken bones will almost always be charged as felonies. No injury or slight injury cases will be charged as misdemeanors. Prior acts of violence by the person charged may also factor into the Prosecutorís decision to file it as a felony.

If charged as a felony, the defendant could serve at least 2 years or more in the state prison. If charged as a misdemeanor, the punishment is not more than 1 year in the county jail. Also, the law requires that the defendant complete a 52 week program. The will most likely order a stay away order, which prohibits the defendant from having any contact with the victim.