This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
In all Los Angeles County criminal courts, domestic violence and spousal abuse-related issues are considered serious matters by prosecutors and judges. Most first-time domestic violence charges are filed under Penal Code 243(e)(1), which is known as “domestic battery,” and it's a misdemeanor offense.
California's court system handles thousands of cases each year involving domestic violence (sometimes referred to as "family" or "intimate partner" violence). Some of those cases are handled in the criminal court system, while others proceed through the family or juvenile court system.
Most instances of felony-level domestic violence in California involve causing physical harm. A common form is inflicting corporal injury, which can result in severe penalties. Convictions for this offense may lead to fines of up to $6,000 and/or imprisonment for 2, 3, or 4 years in state prison.
As a first-time domestic violence offender, a defendant may be more likely to face misdemeanor charges. The facts of the case will dictate the sentence, as will the presence or lack of a criminal record. Additionally, the court imposes mandatory probation upon defendants convicted of domestic violence.
For domestic violence in California, the statute of limitations is five years from the date of the incident. This is considerably longer than for most other crimes and was recently (in 2020) extended.
LAPD policy mandates that officers arrest when the dominant aggressor has committed Assault or Battery and the involved parties are married, cohabitants, or have a child in common.
Penal Code 243(e)(1) – California's domestic battery law — makes it a misdemeanor to inflict force or physical violence on an intimate partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury. up to one (1) year in county jail.
Believe them. Listen to them without judgment. Offer support and encouragement. Help them develop a safety plan.
Let them talk. Don't place shame, blame, or guilt. Don't say, “You just need to leave.” Instead, say something like, “I get scared thinking about what might happen to you.” Tell them you understand that their situation is very difficult. Be cautious of victim-blaming statements.