In California, domestic violence is identified as assault, battery, and dangerous threats to family members. The laws prohibit any household member from attacking each other. The classification is applied only when family members or former family members cause or threaten physical harm. A domestic violence lawyer in Temecula can examine possibilities for criminal defendants.
When Are Both Parties Arrested?
The officer that arrives on the scene will question each party. The statements provided by each party determine who goes to jail. The officers utilize the information to determine which party is the aggressor and which is the victim. When a victim isn’t identified easily, both parties are taken into custody.
Terms of the Defendant’s Release
The terms of the defendant’s release may prevent them from returning to their home. However, the judge determines the terms based on the safety of the victim. In most cases, the defendant must refrain from contacting the victim until after their court date or with the court’s permission. Any failure to follow the terms of their release could lead to revocation of their bail and an immediate arrest.
Protection Orders and Additional Charges
Protection orders are issued when the victim is in grave danger. The court orders outline activities that are prohibited. The defendant cannot visit the victim or their home. Any places the victim visits frequently are also off limits. A failure to follow the order leads to additional criminal charges.
Potential Penalties for Domestic Violence
The penalty for misdemeanor charges is up to one year in jail, fines of up to $2,500, and anger management programs. Felony domestic violence charges can lead to up to five years in prison, fines, and an extension of the protection order. If the victim was a child, the individual could lose their parental rights.
In California, domestic violence is a serious crime committed against current or former household members. The victims could include children, parents, siblings, and romantic partners. The threat of bodily harm could also constitute a domestic violence charge. Defendants who need to hire a domestic violence lawyer in Temecula can contact the Law Office of Michelle Penna or click here for more information now.
