California domestic violence laws make it a crime to harm (or threaten to harm) a current or former spouse, cohabiting partner, co-parent, partner, or intimate partner. In some cases, the list of protected persons includes parents, children and family members. If you hire Robert Tayac to handle your domestic violence case, you'll know that your case is being handled properly by a knowledgeable, experienced, and trusted California criminal defense attorney. In fact, when there are allegations of domestic abuse, an arrest usually occurs even when there is little or no evidence.
If you or someone you love has been charged with domestic battery, contact the Law Offices of Daniel E. But many domestic violence crimes only occur in the presence of the victim and the defendant and if victims recant their testimony or refuse to testify, what can the prosecutor do. Because of the employment implications of domestic violence charges and the community's vision for you, it's important to talk to an attorney to help you fight the charges. However, for serious cases of domestic violence (those involving physical injury), this usually doesn't happen.
If there are images of bruises in a domestic violence case but the victim doesn't testify, the case can move forward. The classification of a criminal charge as a domestic violence crime will affect the penalties that could be imposed. The law defines domestic abuse as bodily injury inflicted on a current spouse, cohabitant, former spouse, and parent of your child. Sometimes, the police arrest a person for a felony crime of domestic violence and the district attorney charges the crime as a misdemeanor of domestic battery rape.
Once the primary offender has been determined, they will usually arrest him immediately, but it is not uncommon for both parties to be arrested on suspicion of domestic violence. While on probation for domestic violence, the court expects you to attend all classes and complete them satisfactorily on time. To be convicted of a domestic battery charge, the prosecution must prove that you deliberately inflicted unlawful force or violence on your intimate partner.