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A Guide On Dealing With Domestic Violence Legally

By Author: Divorce Family Law Attorneys
Total Articles: 2

The issue of domestic violence can be very touchy and understandably so. There are many facets to it and it its effects run deep. The laws in California recognize the fact that domestic violence encompasses a wide range of forms and special rules are in place to deal with it.

Domestic violence consists of :

Damaging property
Inflicting physical injury on the victim
The most commonly charged form deals with physical violence meted out on a partner that was once in an intimate relationship with the perpetrator. This can be filed as a misdemeanor or a felony. Any Family Law Attorney in Orange County will be able to explain the filing process to you.

What appears in the police reports is not always the case. Some of those accused of domestic violence may actually turn out to be the victims. They may have acted in self-defense or even been set up. It is prudent to fully investigate the allegations to avoid punishing the one that should be protected.

Factors that may be considered include:

Who reported the issue first
Who is more upset
Who sustained more injuries
Care should be taken not to be biased because anyone, man or woman, can be a victim of domestic violence.

Proving the Charge

In order for one to be found guilty, the prosecutor has to prove beyond reasonable doubt every element of the offense. They have to prove that the perpetrator willfully inflicted physical injury on their partner and caused a traumatic condition on them. It must also be proven that the act of violence caused the traumatic condition. Pleading that you only meant to scare or slap your partner does not absolve you of the fact that your actions caused trauma. The fact that you intentionally hit them or pushed them thus directly causing the trauma is what the court is interested in.

What to Do if You are Charged with Domestic Violence

The following are some defenses that a person charged with domestic violence may employ:

Lack Of Willful Intent
You might not have intended to push or hit your partner. One action, for instance, attempting to walk away, might have resulted in another, such as their trying to grab you, then they fell or hit their head on something.

You Were Falsely Accused
Some partners have been falsely accused of causing harm to others while in truth, it was either an accident or someone else caused the trauma. If investigations cannot fix you to the events that caused the injuries, your attorney may be to expose the false allegations.

There are situations where you may have been forced to use physical force to defend yourself when you were physically attacked. This can happen if you were in any of the following situations:

You had reason to believe that you or someone else was in danger of serious physical harm or indecent touching.
You had reason to believe that you had to use force to defend yourself against harm.
You used the necessary force to defend yourself or another person.
Should you find yourself in need of representation for domestic violence charges, contact the best Domestic Violence Attorneys to come to your defense so that you do not get blamed for a situation that was not of your doing or for which you might not even have been present.

Divorce Family Law Attorneys is the author of this article on Family Law Attorney in Orange County. Find more information, about Domestic Violence Attorneys.

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