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POSSIBLE ​Defenses in Domestic Violence Cases

We strive to contact the prosecutor’s office early. In such cases, the filing deputy may be persuaded to schedule an office conference to discuss the matter between the parties. This may result in a resolution of the matter early where the case may not be filed or deferred depending on the terms and conditions negotiated in such conferences.

​​Probable Cause & Domestic Violence

Domestic Violence Charges & Penalties

Nothing in this publication or website, testimonials, reviews or endorsements, should be construed as a guarantee, warranty or prediction of the outcome of your case. This website is not a substitute for legal advice and does not, in any way, establish an attorney-client relationship between you and The Law Group of Thomas M. Spivack, PC.

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Self-defense: where you acted or threatened to act violently in order to protect yourself or believed you were in imminent danger of being injured.

False Accusations: allegations are deliberately false.

Consent: The other partner consented to the violence.

Lack of Proof: No visible injuries, no alleged victim testimony, lack of third party witness testimony.


Early Intervention May Prevent Filing Of The Case

Battery between intimate parties where there is willful and unlawful use of force or violence against the person of another (unlawful or unauthorized touching) is prosecuted under California Penal Code 243(e).

Battery between intimate parties where there is violence involving bodily or traumatic injury however slight can be prosecuted under California Penal Code 273.5.

Criminal threats are prosecuted under California Penal Code 422.
Conviction of domestic violence can result in a jail or a prison sentence with significant fines.

Mitigating and aggravating circumstances may impact sentencing, fines and penalties.

Enhancements: If an offender has been previously convicted on misdemeanor or felony domestic violence charges or other violent offenses, there can be even more serious sentencing.

Other consequences of domestic violence may include: losing the right to return home or see your children, mandatory counseling, appearance of the conviction on criminal background and employment checks, as well as being put on parole or probation.

​​Domestic Violence

  • Probable cause in domestic violence cases can occur where one party simply states that a domestic partner threatened or otherwise intimidated them. Often, this is sufficient to trigger arrest.
  • In that regard, California is a mandatory arrest state when it comes to domestic violence.
  • Arresting officers must arrest you if probable cause exists. 

Domestic violence laws are meant to prevent violence between family members, household members, or other individuals who are in intimate relationships. According to the California Penal Code, domestic violence is defined as a criminal act between parties who are involved in one of the following kinds of relationships:

  1. Spouses and former spouses
  2. Cohabitants and former cohabitants
  3. Parents
  4. Dating partners