Long Beach Attorney Answers Frequently Asked Questions About Domestic Abuse
What is Domestic Violence?
Domestic violence includes spousal abuse, intimate partner abuse, and abuse of persons who live together. Domestic violence may include physical abuse, marital rape, assault, hitting, threatening, battery, biting, sexual abuse, choking, slapping, punching, and victim intimidation. Domestic violence can even include verbal abuse, emotional abuse, and financial abuse, although these actions may not lead to criminal charges.
Penal Code Section 13700(b) states the following:
"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. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.
What Are the Consequences of a Domestic Violence Conviction?
A domestic violence conviction in California can result in a misdemeanor or felony charge, depending on the specifics of the case. Sentences for the convictions may include fines, anger management classes and/or counseling, jail time, probation, and even a prison sentence.
What is Considered Bodily Injury?
Bodily injury is any harm to a person that results in permanent or temporary physical pain, including but not limited to cuts, burns, life threatening injuries, and disfigurement.