California Domestic Violence Defense Attorneys for the LGBT Community

Legal Definition of Domestic Violence in California

Domestic violence is legally defined as abuse or threats of abuse, specifically when the abused individual and the abuser are or have been in a relationship. These relationships include

• Current or former spouses, registered domestic partner, fiance, cohabitant
• Current or former serious dating partners
• Those who you have or have had children with
• Brothers and sisters including step and half siblings
• Grandparents
• Grandchildren
• Children
• Aunts and uncles
• Nephews and nieces
• Parents

LGBT individuals are often victims of domestic violence. LGBT victims of domestic violence may be abused by family members, relationship partners, or former spouses.

Throughout the years, the penalties of domestic violence have become increasingly severe. Domestic violence inherently involves endless emotions. Overwhelming emotions not only make domestic violence an extremely sensitive subject but also prevent victims of abuse from getting help.

Strong emotions lead some to accuse others of domestic violence as a tool of manipulation. Domestic violence cases are often sought individuals who solely seek revenge against the accused. Domestic violence charges can be used to discredit or defame a spouse during divorce or custody determination. To avoid such a situation from occurring, it is imperative to hire a lawyer to defend your case.

These cases are often dismissed if the charge of domestic violence is deemed to be an attack of the accused. It is important to note that due to the emotionally charged nature of this accusation, a clear understanding of what has occurred is difficult to understand. Sometimes the person accused of domestic violence is attempting to defend him or her self from an attack. It is also important to know that physical and verbal violence can occur to and be done by both sexes.

Elements of Domestic Violence in California

To be convicted of domestic battery in California, the prosecution must prove that the defendant purposely inflicted illegal force or violence against his or her relationship partner.

Possible Scenarios of Domestic Violence

1. Kathy punches her husband during an argument.

2. Mark does not let his wife leave the house without asking him for permission. If she leaves without asking, Mark beats her.

3. A gay man is upset at his boyfriend for cheating on him. In a fit of rage, he begins relentlessly punching him.

4. John reiterates to his ex-boyfriend, Mike, that he is not interested in a relationship anymore. John continuously shows up at his door without permission.

Potential Penalties of Domestic Violence in California

• Minimum jail sentence of 30 days
• Payment of victim restitution such as medical bills, counseling, property damage, or lost wages
• Fine of $500, proceeds fund domestic violence funds in California
• Participation in a “batterers” program
• Permanent criminal record
• Loss of child custody
• Loss of gun rights
• Restraining order
• Immigration consequences

For domestic battery specifically:

1. Misdemeanor

• Up to 1 year in county jail
• Maximum $2,000 fine

2. Felony

• 1, 2, or 4 years in a state prison
• Restraining order
• Maximum $6,000 fine

Know Your Rights about Domestic Violence

Legal Defenses

California domestic violence attorneys can argue that

• The alleged victim’s injury was an accident
• The alleged victim’s injury was not caused by the defendant
• The defendant was acting in self-defense
• The defendant is being falsely accused because of the victims’ desire for revenge or defamation, child custody, or any other reason

Plea Bargain

For less serious charges, it may be wise to settle on a plea bargain in order to minimize the penalties of your charges.

Pre-trial Diversion

By visiting a “batterer’s” program before the trial, the defendant’s domestic violence charges are often dropped.

To protect your rights, hire someone who understands them.

Due to the personal nature of domestic violence charges, it is important to contact Pride Legal as soon as charges are filed. Pride Legal presents the most effective defense against domestic violence charges. Witnesses are often needed in these cases and we can approach those individuals with the discretion and privacy that you require. We pride ourselves in defending our LGBT clientele.

https://family.findlaw.com/domestic-violence/stopping-domestic-violence.html

https://family.findlaw.com/domestic-violence.html

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

Get the Legal Help You Need at Pride Legal

Due to the personal nature of domestic violence charges, it is important that Pride Legal is contacted as soon as the charges are made. Often, personal distress can lead to unclear memories or overwhelming emotions. We can assist in getting to the facts quickly and efficiently with your particular legal case in mind. Pride Legal will present the most effective defense against domestic violence charges. Witnesses are often needed in these cases and we can approach those individuals with the discretion and privacy that you require. The attorneys at Pride Legal have the experience and skills necessary to aggressively defend our clients against charges of domestic violence. We pride ourselves on meeting the needs of individuals within the gay community and are conscious of the distinctive issues that our LGBT clients encounter.

If you need a Domestic Violence Attorney in an area near you, contact a California Gay and Lesbian Domestic Violence Attorney today.