Peter Blair | April 15, 2016 | Law
Domestic violence is a very serious crime that involves a criminal act between one person and their spouse or former spouse, cohabitant, parent with whom they have a child, or partner in a dating relationship. In California, Penal Code Sections 240-248 and Penal Code Sections 270-273.75 both refer to domestic violence in separate aspects. For instance, Section 243(e)(1) refers to battery within one of these relationships mentioned and Section 243(d) covers those who have inflicted serious bodily injury on the victim. In the 1990s, a special group came to light in California known as the Purple Berets. Research done by the group concluded that out of 181 forcible rapes reported to the police, only 11 resulted in rape convictions. Furthermore, 998 domestic violence calls resulted in 30 cases and 1,444 repots of child sexual assault cases resulted in 31 cases of felony charges. If you take a look at these numbers, they seem exceptionally low. The Purple Berets work in favor of women and girls who have been victims of very violent crimes. One example of a very serious crime happened in the 90s to a woman named Teresa King. Her case involved extremely brutal domestic violence that was treated more as a counseling program rather than a crime in the eyes of the criminal justice system. Teresa’s case went hand in hand with Senator Tom Hayden’s bill to end domestic violence diversion, which consisted of sentencing to counseling instead of jail when the crime occurs. Domestic violence diversion ended in California in 1996.
Allegations and Civil Remedies
An individual who has received domestic violence allegations faces many serious issues with the court such as possible criminal charges or a restraining order. Contact will probably be prevented in some form and violating this condition will almost always lead to jail time. Contact may include things like telephone calls, text messaging, email, and social media. Victims are permitted to contact the police immediately and cooperate in criminal prosecution of the offender when domestic violence occurs. Restraining orders are one of the most popular methods of keeping a victim and family safe and are available for victims of abuse in every state. They can be obtained without cost and assistance with the court forms is available to anyone in need. When a restraining order is in place, not only is perpetrator supposed to cease all contact with the victim, but they may also require the abuser to surrender their firearms, undergo substance abuse counseling, and more. There may be very serious penalties and sentences for those who are convicted on domestic violence charges. For instance, in California, battery may lead to a fine of up to $2,000 and imprisonment in county jail for a term of up to one year. Probation and counseling services may also be recommended. Under Section 273.5, if a felony is committed, this may lead to a sentence of imprisonment lasting for up to one year in county jail or two to four years in state prison and a fine of $6,000. Are you or someone you know a victim of domestic violence? Laws have been put in place to protect you or your loved one at any cost. However, you may want to receive legal representation of an attorney that you can trust if domestic violence has occurred in your daily life. Call The Law Office of Peter Blair today to find out more information on what options you have.