Domestic violence cases in the state of California are penalized under various sets of laws. Most of them do involve the infliction of bodily harm or corporal injury to the other party but there are also cases wherein the abuse is not limited to just the physical aspect. It’s essential to be properly informed of the more common of these domestic violence laws, particularly when it comes to the elements of the crime being alleged. There are more than a few cases out there wherein the charge of domestic violence is actually wrongly made and you can never tell when it may be you who will be facing the same unpleasant situation in the future.
Perhaps the most fundamental of all these domestic violence laws in the state is Penal Code 273.5 PC which deals with corporal injury to a spouse or co-habitant. Note that under this law, there must be physical or bodily harm inflicted intentionally on the other party who may either be the former or current spouse of the offender, his co-habitant, or the child of his co-habitant. Under the provisions of this legislation, the corporal injury should result in a “traumatic condition” on the part of the victim and the injury should be visible.
Let’s compare this with Penal Code 243 (e) (1) PC which embraces Domestic Battery. Here, the law classifies it as a misdemeanor crime for a person to inflict force or violence on an intimate partner. The scope is relatively broader than Penal Code 273.5 PC since it includes one’s fiancé, co-habitant, current or former spouse, the parent of your child, and even just your dating partner. Under the provisions of this law, there is no need for any traumatic condition to result from the bodily injury or for any visible signs of the same.
Now when the victim of domestic violence is a child, the appropriate legislation to consult is Penal Code 273 d PC governing Child Abuse cases. Corporal punishment or injury to the child will be penalized no matter how slight it is if it was delivered in a “cruel or inhuman” fashion. Comparing this with Penal Code 273 a PC on Child Endangerment, the latter deals with a situation wherein the parent may not be the one who inflicts the corporal punishment or injury directly to the child but instead, wilfully allows the child to suffer or be exposed to harm or have his health or safety endangered while in the custody of such parent.
When you or someone you know has been charged under any of these legislation for the crime of domestic violation in the state, contact an experienced criminal defense attorney in California as soon as possible. The services of a competent and dedicated Los Angeles criminal defense lawyer are crucial in helping you avoid serious and oftentimes unjust legal consequences.
