California has some of the most robust domestic violence laws in the country. This state recognizes the widespread prevalence of abusive behaviors, particularly within marriages and intimate relationships. As a result, California’s domestic violence charges do not all require visible injuries or physical contact. Instead, the legal definition of “domestic violence” remains quite broad, allowing for several incidents to lead to domestic violence arrests or criminal charges. If you have been charged with domestic abuse with no physical evidence in Palmdale, Lancaster, or Los Angeles County, you need top-tier legal representation right away to ensure that your legal rights remain protected at every opportunity. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of exceptional attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS), are ready to defend your rights and keep your future as bright and secure as possible. We offer FREE CONSULTATIONS and PAYMENT PLANS, so contact us today to get started.
In some cases, a defendant in Southern California may be charged with a domestic violence crime without physical contact—which can be an understandably overwhelming and stressful experience. For example, if an argument grew heated and the other person claimed that the words you said made them feel unsafe or in immediate physical danger, law enforcement could make an arrest for a domestic violence-related incident (even though there was no physical contact at the time). Let’s take a closer look at how California’s domestic violence laws typically work and what steps you can take when facing domestic violence charges to improve your chances of securing a just and favorable outcome.
Understanding Domestic Violence Laws in California
First, it’s helpful to get a sense of how California defines domestic violence offenses. Under California Penal Code Section 13700, domestic violence “means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” In other words, a close relationship of some form must exist between the alleged perpetrator and the victim in order for domestic violence charges to be brought. While there is not a direct “domestic violence” crime in California, such crimes are typically charged under two primary criminal offenses: Inflicting Corporal Injury (273.5) or Assault and Battery (243(e)). Generally speaking, inflicting corporal injury cases, especially those that cause severe physical harm to the alleged victim, are considered felony offenses, while spousal battery cases are usually considered misdemeanor offenses. However, it’s important to note that the legal definition of “abuse” under California law means “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.” Under this definition, verbal threats and other forms of non physical contact may constitute acts of domestic violence and trigger criminal charges.
Is Emotional Abuse Domestic Violence in California?
Since not every incident of domestic violence must involve physical harm or even physical contact, it’s natural to wonder what some of the most common forms of non-physical domestic violence look like. Essentially, any actions or behaviors that cause the alleged victim real concern for their imminent physical safety may prompt law enforcement to make an arrest. For instance, sending threatening text messages or leaving intimidating voicemails can be interpreted as acts of intimidation and threats that cause the recipient to fear for their safety. Or, the destruction of property during a heated argument may also rise to the level of non-physical domestic violence under the state’s laws. Any evidence of coercive control or psychological abuse, such as restricting a spouse’s access to finances, isolating them from friends and family members, or monitoring their whereabouts on a constant basis may be interpreted as forms of domestic violence.
Evidence in Non-Physical Domestic Abuse Cases
Domestic violence charges that do not include physical harm or injuries can be more challenging for prosecutors to prove, but the broad definition of domestic violence allows other forms of evidence to be presented. For instance, police reports from officers responding to a domestic violence call can paint a picture of the scene. Even if there was no physical contact between the two parties, the officer may use witness testimony and their observations of the scene (i.e., the defendant screaming threatening words at the other party, the look of fear on the alleged victim’s face, etc.,) to further the case against the defendant. Other types of non-physical evidence for domestic violence cases include threatening or constant digital communications, previous protective orders taken out against the defendant, and prior incidents of domestic abuse or violence.
How an Experienced California Domestic Violence Lawyer Can Help
As soon as you know you are facing allegations of domestic violence in the greater Los Angeles County area, it’s essential to discuss the specifics of your situation with a highly qualified and trusted Palmdale criminal defense attorney. With a skilled criminal defense attorney for domestic violence by your side, you can understand your legal rights and options for keeping your future as bright and open as possible. Your attorney can answer your questions, address your concerns, and identify the most appropriate legal defense strategy that aims to secure the best possible outcome given the specifics of your case. Reach out to the Law Offices of David M. Wallin right away if you are ready to start defending your freedom and future.
If you are facing domestic violence criminal charges in Palmdale or Lancaster, you need trusted and aggressive legal defense attorney services right away to keep your future as bright as possible. At the Law Offices of David M. Wallin, our team of four exceptional attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, is prepared to defend your rights at every turn. Certified criminal law specialist David M. Wallin has over 35 years of experience, and he and his team will work hard to secure you a fair and favorable outcome. Please contact our Palmdale, California office today at (661) 267-1313 for a FREE CONSULTATION with us—PAYMENT PLANS OFFERED!
