Criminal Law Blog on Lawyers.com

Domestic violence also includes physical abuse, such as spousal battery, and verbal abuse (terrorist threats) against members of a household or against former members of a household or prior dating relationship. For example, saying "I'll kill you!" is considered a criminal act and you could be charged with "Terrorist Threats," a felony violation of section 422 of the California Penal Code.

If you have been accused of spousal abuse or any other domestic violence charge, you need to contact a spousal abuse lawyer immediately.

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If you are suspected of violence or threats of violence against a husband or wife, an ex-spouse, a boyfriend or girlfriend, an ex-partner or any other current or former household member, you could be arrested for spousal abuse or partner abuse. Contact a spousal abuse defense lawyer at Takakjian, Sowers & Sitkoff LLP. We will protect your rights and have a defense strategy for your case.

In 1977, the California Legislature enacted Penal Code section 273.5. It prohibits the infliction of corporal injury on a person who is the mother or father of the defendant's child or a spouse or cohabitant.

• Spousal abuse or partner abuse includes abuse of any current or former intimate partner or cohabitant.
  California Penal Code section 13700(b) defines "cohabitant" as "two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship."
• The prosecutor presses charges, not your spouse or partner. That means your spouse cannot have the charges dropped. In the past, spouses have felt coerced to drop the charges and that led to a cycle of continuous abuse. The district attorney prefers in most cases to press charges and have the courts decide the issues.
• Despite the provisions in California Penal Code section 1191.1 for the victim's desires to be taken into account, the victim's desire to continue the relationship with the defendant does not bar the prosecution of the defendant, even when a victim does not want the defendant arrested, nor does it bar jail.
• Your case cannot be dismissed if your spouse recants the statements they made to the police. Only the prosecutor can decide to dismiss domestic violence spouse abuse charges. Your case can be dismissed if you or your attorney can show evidence that the charges are false or there were mitigating circumstances, such as you were attacked first!
• Spousal abuse penalties can result in jail time, community service, counseling, anger management classes, substance abuse programs, AA meetings and other forms of therapy.
• You do not have to face spousal abuse charges alone. Please contact a domestic violence lawyer at Takakjian, Sowers & Sitkoff LLP. Tell us about your situation. We will move quickly to protect your rights and plan your defense.
• Just because you were arrested for spousal abuse or spousal battery does not mean you are guilty. We know that at our law firm. As former deputy district attorneys and as spousal abuse lawyers, we know how to investigate the facts and negotiate your case with a prosecutor and present your case in court.