Domestic violence offenses in California are treated with great seriousness due to the harm they cause to victims and the need to provide protection for those involved. The laws surrounding domestic violence are distinct because they are designed not only to prosecute offenders but also to protect victims within certain types of relationships, such as spouses, cohabitants, or family members.

The Domestic Violence Prevention Act (DVPA)

The Domestic Violence Prevention Act is codified under California’s Family Code, starting at Section 6200, and it outlines the relationships and behaviors that are covered under the law. Domestic violence includes acts of violence directed at people with whom the offender has or had a close, familial, or intimate relationship. This includes:

– A spouse or former spouse
– A person with whom the abuser is or was cohabiting
– A person with whom the abuser is or was dating, or to whom they are or were engaged
– A family member to the second degree (such as parents, siblings, grandparents, etc.)
– A person with whom the abuser has had a child

While domestic violence is commonly associated with physical or sexual abuse, it also includes psychological abuse. This could involve actions that instill fear of immediate harm or danger. For example, behaviors such as stalking, harassment (by any means), or destruction of property are all considered forms of psychological abuse.
Protective Orders and Criminal Prosecution

California’s Family Code is primarily concerned with the procedures for issuing protective orders for victims of domestic violence. When an allegation of abuse is substantiated, a protective order may be issued to prevent further harm to the victim. A protective order can offer significant protection, but it can also be a precursor to criminal charges.

The Penal Code, on the other hand, deals with the criminal prosecution of domestic violence. Criminal charges can follow an allegation, and penalties can be severe, including imprisonment, fines, and mandatory counseling.

Given the serious nature of domestic violence charges, it’s essential for both victims and accused individuals to understand their legal rights. If you’re facing domestic violence charges, it’s critical to consult an experienced criminal defense attorney who can help navigate the complexities of both family law and criminal prosecution, ensuring the best possible outcome for your case. Call (818) 797-4465 to schedule a consultation or contact us online.