Domestic violence has been a growing concern in California resulting in numerous laws being passed by the California legislature as an attempt to better regulate and prevent incidences of domestic violence.

California laws have ramped up the response time to domestic violence situations. By law, clinics, health care providers and hospitals must train their staff to recognize and detect a domestic violence victim. Additionally, they must report occurrences of domestic violence by phone and in written reports to police authorities within 48 hours. When responding to domestic violence calls, law officers are required by law to provide victims with written information about their criminal and civil options, as well as community services and local shelters available for protection and prevention against further domestic violence.

Domestic violence charges extend beyond a spouse or persons in the immediate family and also include a co-habitant, ex-cohabitant, a person you have dated or to whom you are engaged, and a person with whom you have had a child, an ex-spouse, or someone related to you by blood or marriage.

Victims may obtain a restraining order against the person threatening them with domestic violence, which also prohibits that person from acquiring or owning a gun. Furthermore, the victim does not have to participate in bringing charges in order for the perpetrator of a domestic violence crime to be prosecuted.

According to the State Bar of California, domestic violence is behavior that can range from threats, annoying telephone calls and stalking (such as following the victim to and from work, and threatening the victim), to unwanted sexual touching and hitting. It also can be defined as one spouse destroying the other’s personal property.

Spousal Abuse and domestic violence charges are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to “press charges” the case WILL NOT be dismissed. Jail time is routinely sought even in first offense or non-injury cases.

A conviction for assault or domestic violence can affect on your rights to see your children, affect your property rights, and seriously affect your immigration status or result in deportation.

If you have been charged with domestic violence or spousal abuse, you need an experienced defense attorney on your side to vigorously represent your rights.

Dan Koukol has extensive experience with domestic violence cases in California and consistently receives excellent results for his clients. To schedule a free consultation, call Dan today.