Domestic Violence is a very serious misdemeanor offence in California. The courts look at these cases very seriously and the bail for such an offense is usually set at $50,000.00 in Los Angeles County. Tom Loversky has handled well over a hundred DV cases and has experience defending those who are accused.
Many Innocent People Get Accussed. Sadly, many use the false claim of violence to get the upper hand in a divorce or child custody case. Additionally Police will sometimes mistake self defense during a mutual struggle as a battery.
What is Domestic Violence?Domestic violence is a pattern of behaviors where one partner tries to maintain control of the other through the use of physical force, intimidation and threats. The abuse can take many different forms:
Kicking, punching, shoving, slapping, pushing, burning, biting, choking or kicking.
Forced or pressured sexual acts, criticizing his/her body parts and rape (even if married).
Excessive jealousy, crazy making, mind games, isolation from friends and family, making the victim feel worthless and threats.
Name calling and put-downs.
Attacking the victim’s spiritual or religious beliefs or misquoting scripture to justify abuse.
Controlling the victim’s economic status and basic needs, withholding money and prohibiting the victim to work.
Destruction of victim’s property, vandalism and harming or killing pets.
Threatening to "out" the victim’s sexual orientation.
Using fear of deportation.
In California, domestic violence is a crime. Criminal code section 273.5 requires criminal penalties including jail or prison and participation in a 52 week batterer’s treatment program. To meet the criteria for arrest under 273.5 the partners must be married, living together, or have a child in common and the victim must have visible injuries.
Penal Code section 243(e)(1) is also a domestic violence charge where a person commits a battery upon a victim that is the defendant's spouse, fiance or an individual with whom the defendant current has or has previously had a dating relationship.
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