Pursuant to Penal Code § 13700, domestic violence is defined as "abuse committed against an adult or a fully emancipated minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or has had a dating or engagement relationship."
Important Penal Code Sections regarding domestic violence:
A criminal defense lawyer or a domestic violence lawyer will help you determine whether you fall under domestic violence laws as an identified victim of domestic violence. A domestic violence defense lawyer will help you in determining if you fall into any one of the following categories:
The most common domestic violence violations are:
A domestic violence lawyer will assist you in determining whether you fall into either one of these sections:
A traumatic condition is much less than great bodily injury. A domestic violence lawyer or a criminal defense lawyer will help you determine through statements and photographs whether or not the alleged injury to the other party will fall under this domestic violence law. A bruise, abrasion, red mark, scratch, and/or any other minor contusion and/or head and neck pain may constitute such a traumatic condition. A simple assault and/or battery that does not leave any of these types of injuries is often considered a lesser domestic violence law violation.
The definition of a "cohabitant" is defined as "two unrelated adult persons living together for a substantial period of time resulting in some permanency of relationship." According to Penal Code Section 13700, factors that may be considered include:
In some cases, courts have stated that for a domestic violence case it is required that persons accused of participating in domestic violence, the aggressor and the alleged victim have had a substantial on-going relationship and they have lived together at each other's or a joint residence for a significant time period.
Defining Criminal Court Protective Orders
A protective order is similar to a restraining order but it is filed in a criminal court. Domestic violence protective orders are similar to restraining orders, but only apply to the alleged aggressor in a domestic violence case. Domestic violence protective orders prohibit the aggressor/accused party from having contact with the alleged domestic violence victim.
For more information about domestic violence charges, as applied under the laws of the State of California, or to discuss your criminal charges with an experienced criminal defense attorney who specializes in domestic violence cases, please contact us immediately at: 949-497-1729; or complete our Confidential Client Contact Form on our web page.
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