Understanding the Issue of Domestic Violence
No marriage is without conflict. It’s inevitable that spouses will have an argument at some point in the course of their relationship. However, sometimes these arguments lead to heated words and even physical attacks.
Even if you’ve done nothing wrong, you might still find yourself being accused of domestic violence. This is a humiliating experience for anyone and it requires the help and attention of a reliable and considerate domestic violence attorney. You’ll need someone who can walk you through the perspective that police and prosecutors take on domestic disputes and help you make the right decision to clear your name.
Domestic Disputes in the State of California
The matter of domestic violence is dealt with under California Family Code Section 6203 (also known as the Domestic Violence Prevention Act). The law defines abuse as an attempt to cause injury, sexual assault, or physical or emotional harassment on someone in an intimate relationship with the accused.
California Penal Code Section 273.5 mandates that the penalties are a maximum sentence of 4 years in prison (or 1 year in county jail) and a maximum fine of $6,000. The court can also issue a restraining order to prevent further contact between the accused and their partner and their children.
Not every call about a domestic dispute or act of violence is warranted, but the police take such calls seriously.
According to the Office of the Attorney General:
- 157,634 such calls were made in the State of California
- 63,549 of those incidents involved a weapon (such as a gun or a knife)
- 50,433 disputes involved a “personal weapon” (e.g., striking with hands or feet)
Not all domestic violence consists of hurting someone physically or sexually. Emotional or psychological abuse is just as common in these situations, including public humiliation, insults, manipulation, and aggressive control over your partner’s finances. Violating a restraining order against one’s spouse or partner can also count as an act of domestic violence under the law.
These kinds of definitions are important to remember when you’re facing a police officer or a judge and being questioned about your behavior at home. You should consider your behavior in light of these definitions, especially when you need to consult with an attorney.
What Can Kestenbaum Do for You?
Having practiced criminal law since 1979, David S. Kestenbaum has over 30 years of experience in the courtroom. He’s prosecuted offenders on behalf of the state and challenged other prosecutors’ arguments as a criminal defense attorney. When it comes to a matter like domestic violence, Mr. Kestenbaum has seen every kind of issue that can erupt between a husband and wife or between domestic partners.
Other attorneys will say that they’ll fight for your legal defense and prove your innocence, but the Kestenbaum Law Group is committed to doing it well. Mr. Kestenbaum brings not only his experience to the table, but passion and professional contacts as well. He’ll make a full-throated defense in court, putting prosecutors and witnesses on the spot with a keen eye. In addition, we have access to private investigators, psychiatrists, medical professionals, and other experts who can testify in support of your case.