What is Domestic Violence?
Domestic violence in the state of California is when an individual commits a criminal act against their spouse, former spouse, cohabitant, former cohabitant in a home, a parent with whom the individual has a child or a partner in a dating relationship. Commonly, domestic violence is entangled with child abuse. The prosecutor can choose what are the criminal charges that they want to pursue depending on the harshness of damage caused to the victim, whether it be charging the defendant with battery, domestic violence or even both, all according to the California Penal Code
What Are the Types of Domestic Violence?
Physical abuse involves the force against the victim causing injury, actions such as kicks, stabbing, shooting, choking, forcing of drugs use and slapping, are part of the condemned injuries that fall under the category of physical abuse.
If someone is emotionally abused, it means that somebody’s been destroying their self-worth through humiliation, criticism and persistent insults. In some states, emotional abuse is not enough to take action as a domestic violence crime, but typically, emotional abuse comes with other types of abuse. Unhealthy relationships that are under emotional abuse are coercive and toxic.
This is a common form of domestic violence, and it comes with criminal behaviors such as rape, harassment, unwelcome touching, and similar demeaning behavior. Sexual abuse also involves being coerced to not use the pill, a condom, or any contraception method, also being forced to have an abortion, which is then referred to as reproductive coercion.
This type of abuse takes many forms and is just another method of control, as it can be done by a husband that’s preventing his wife from obtaining a job outside of the home or getting an education elsewhere. In these cases, the victim is fully dependent on their partner for money and is at the complete mercy of the individual.
Psychological abuse is used for intimidating, cause fear, or threaten someone, and is a persistent and significant behavior.
Is Domestic Violence Considered a Misdemeanor or a Felony?
When a person is arrested on a domestic violence offense, he or she can ultimately be charged with either a felony or misdemeanor depending on a number of different factors, but according to California domestic violence laws, harming and threatening an intimate partner is considered a crime under the Penal Code 243, “domestic battery” and Penal Code 273.5, “inflicting corporal injury on an intimate partner,” which means that a domestic violence charge can have huge legal consequences.
Misdemeanor vs. Felony
Misdemeanors are punishable by substantial fines or jail time, but most misdemeanors are adjudicated in a shortened trial; but if the defendant is going to serve any jail term, then it would most likely be served in a local or county jail. On the other hand, a felony is the more serious type of crime and is often classified by degrees – being the first one the most serious. A felony is punishable by substantial fines and prison sentences that exceed the year. If a defendant is convicted of a felony, then jail time will be served in a state or federal correctional institution.
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