Domestic Violence
NOTICE: The following is provided for general informational purposed only. The law on this topic changes periodically and may be outdated or may not apply to your case and specific facts. The information provided on this site should not be relied upon without consultation with a licensed attorney in your state.
By Mark Johnson
Law Offices of Mark A. Johnson
Southern California Criminal Defense Attorney
Domestic violence is a serious criminal charge that is charged as a misdemeanor or felony and has serious consequences including in the loss of the privilege to own or possess firearms, arrest, payment of fines, and participation in an anger management course.
I have been successful in obtaining complete dismissal of charges in addition to the reduction of charges in many domestic violence charges.
Domestic violence cases and DUI cases are among the crimes that are not summarily dismissed even when a victim recants his or her allegation(s) of violence.
While domestic violence is classically a crime of violence by men against women, women, too, can be arrested for abuse against a person with whom there is or has been a relationship or child together.
History of Domestic Violence
Until the early 1980s police often dismissed the significance of domestic violence cases and the remedy was often nothing more than encouraging the male suspect to go sleep it off and find another place for the night. This approach led to continued violence in the family with serious and continuing physical and emotional consequences to the victim.
Mandatory Arrests
Since the early 1980s society, the legislature and police have adopted a zero tolerance of abuse. In addition to strong laws that require police to make an arrest where there is visible injury and evidence of a primary aggressor and in cases of violations of restraining orders, extensive victim assistance and counseling is now available.
Whether the Prosecutor files the case as a felony or misdemeanor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony.
There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.
When the Victim Recants or Drops the Charges
In California you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested. In some cases, especially with Spousal Abuse, it is very difficult for the victim to drop charges against the abuser. The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The Prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.
