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Orange County Domestic Violence Attorney

Whether it is based on personal experiences or images we have seen in the movies, domestic violence evokes a very emotional response from all of us. When it comes to criminal accusations however, those emotions remain even where false accusations happen. This is why a great challenge falls onto your lawyer's hands to make sure justice is the result…even when we are pulled by our feelings.

The judge, the prosecution, and even the jury will have a difficult time seeing the world through the accused eyes if you do not give them a good enough reason so. Below are summaries of two of the most common charges in domestic violence. However, an in-depth analysis of a case is the best recommendation to discover your options as well as your best defense.

Defense of Domestic Violence

All of the classic misunderstandings, jumps to conclusions, and emotion-driven acts we experience as people apply to domestic violence cases. The same bruises, cuts, or traumas created from a case of self-defense apply. Additionally, the reasons for accusing someone for some ulterior motive make the story much more complicated. Of all the charged crimes, domestic violence cases may have more complex facts than any other public offense. It's for this reason that an experienced defense lawyer must analyze your case to reveal the best options.

Law of Domestic Violence

In terms of domestic violence, a person can be either charged with simple battery of a spouse, cohabitant, or fellow parent or with inflicting injury on a spouse, cohabitant, or fellow parent. The difference between the two is that battery also includes slight touches that can be interpreted as rude, offensive, or angry.

Penal Code §273.5a

If a person inflicts such physical injury upon a spouse, cohabitant, or fellow parent such that the other person sustains a traumatic condition, he or she can be charged with domestic violence (Penal Code § 273.5a). A traumatic condition can be anything from a slight bruise to an open wound as long as it was caused directly by physical force.

Penal Code §243e

In a domestic violence battery charge (Penal Code § 243e), a person must have willfully touched a spouse, cohabitant, or fellow parent in a harmful or offensive manner without acting in self defense. As stated before, a person can be charged for battery from the slightest touch to the hardest push. The touching does not even need to cause pain or injury of any kind to be regarded as a battery.