Domestic violence refers to violent acts committed against a family member, spouse, romantic partner, a child, parent. However, the family member does not necessarily have to live in the same household. Anybody in a romantic relationship can be a victim, whether the parties involved are married, living together, or simply dating. Same-sex and heterosexual couples are equally at risk for a domestic violence accusation.
When Do Domestic Abuse Arrests Occur?
Domestic violence arrests are typically made when a neighbor or bystander makes a call to the police. These charges can also be used as leverage in family law proceedings. It is important that your Sacramento domestic violence attorney takes the time to investigate your unique situation in order to build an aggressive case that protects your rights.
How is Domestic Violence Different from Assault and Battery in Sacramento?
Domestic violence is often defined as a separate crime from assault and battery. This means that someone who physically harmed their child or partner may be charged with domestic violence.
The Charges Will Vary Based On:
- The victim's injuries
- If a restraining order was violated
- If a minor was present
The sentences for crimes of this nature can be harsh. Jail time, restraining orders, mandatory counseling, and more may be required and can permanently affect your reputation.
Statute of Limitations for Filing Domestic Violence Charges in CA
The statute of limitations for domestic violence charges in California is three years.
Accused of Domestic Violence?
Domestic violence often results from emotional situations. If you're facing charges, let the domestic violence lawyers at the Law Office of Jonathan Gonzales help you win your case. These types of cases can be complex, but there are defenses that can be used to clear your name of any charges.
Sacramento domestic violence lawyer Jonathan Gonzales was undefeated in 2016, 2017, 2018, and 2019 for jury trials and has experience with thousands of cases, including those involving felony domestic violence. In one case, the client was facing four felony domestic violence charges. The day before trial, all felonies were dismissed. The client pleaded to a misdemeanor and served no jail time.
Can You be Charged with Domestic Violence Without Proof?
It is possible to be charged with domestic violence without physical proof. The alleged victim can claim verbal and emotional abuse, as well as provide witness testimony, diary entries, phone recordings, videos, records of missed work or school due to injuries.
Prosecuting attorneys can utilize a wide breadth of creative means to product evidence in cases when physical injuries are not visible. This is another reason retaining experienced legal counsel when fighting domestic violence charges is crucial.
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