Domestic violence in Sacramento, also referred to as partner abuse, spouse abuse, or battering, happens when one person uses force to cause injury, either emotional or physical, on another person they have, or had, a relationship with. It may occur among partners and spouses, parents and children, children and grandparents, and siblings. Victims can be any age, race, or gender. If there are real or even just threatened acts of domestic violence that occur inside or outside a marital relationship, there are “protective orders” that are available for this type of unwanted violence under the Domestic Violence Prevention Act or DVPA. The Law Office of David A. Martin & Associates in Sacramento has a full understanding of the legal issues surrounding domestic violence restraining orders and the DVPA.
Sacramento Domestic Violence Charges
What is domestic violence? Domestic violence is physical violence, threatened violence, and abuse which occur in the following relationships:
- Married couples (also known as spousal abuse)
- Cohabiting couples
- Persons who have a child or children in common
- People in a dating relationship or who were in a previous dating relationship
- People who were formerly married to each other
Domestic violence cases are treated differently than other criminal cases. There are specified prosecutors and special domestic violence units (DV Units) within the prosecutor’s office who stand prepared to aggressively take legal action against anybody convicted of domestic violence.
Examples of domestic violence abuse:
- Annoying phone calls
- Stalking (such as following the victim back and forth to work, and threatening the victim)
- Physical assault or abuse
- Sexual abuse
- Verbal abuse
- Financial abuse
- Social abuse
- Child abuse
Current Orders Available for instances of Domestic Violence
The intention of the DVPA is to stop repeated actions of domestic violence and to offer a separation period between the involved parties for a time period which is long enough to allow them to find a solution for the violence.
A victim that is suspected of being subjected to domestic violence under the DVPA is considered a “protected person” and is therefore entitled to take advantage of a DVPA order if they fit a certain description.
Destruction of Property and Violent Behavior
This is an order directing a person not to molest, attack, strike, stalk, threaten, sexually assault, batter, harass, including telephoning, the destroying of personal property, making contact in a direct or indirect manner by letter or other means, coming too close in distance to, or disrupting the peace of another party.
Exclusion from a Dwelling:
This is an order that excludes a person from the family home regardless of who possesses the legal title.
An order directing a party from engaging in a particular type of behavior that the court considers has a bad effect such as physical and verbal assault.
Firearms Restraining Order
This is a restraining order prohibiting a person from owning a gun, which takes immediate effect after the court has issued a California Family Code Section 6218 protective order for domestic violence.
Once a domestic violence restraining order has been issued by a judge, the victim can request a provision allowing them to record any communication that has been prohibited and takes place by the guilty party.
In the situation of a domestic violence case, the court may require that the guilty party must pay money to the victim, which could be:
- Payment of the damages to the victim, which might be the loss of earnings as a result of the domestic violence, additional medical expenses incurred and any expenses that the victim has had to pay for their temporary housing needs.
Also, the perpetrator may be required to pay out restitution to any public or private agency for its costs for providing protective services to the other party as a direct result of the abuse inflicted or any actual injuries received.
Criminal Defense Attorneys Sacramento
Many domestic violence offenses can be charged as either a misdemeanor or a felony. If found guilty of a misdemeanor, it’s possible for you to be given probation and/or anger management classes. The highest sentence a defendant can acquire for a misdemeanor conviction is a year in the county jail. If you’ve been accused of a more serious act of domestic violence, for example, one which involves obvious physical injuries, threats to kill or harm the victim, or another serious form of abuse, it is likely that you will face felony charges. If you’ve been found guilty of a domestic violence felony, then it is possible to be sentenced to probation. However, it’s quite possible that you’ll face time in county jail or prison.
Of all of the criminal lawyers Sacramento has available, there are no equivalent criminal defense attorneys in the area who possess the knowledge, dedication, passion and tenacity of our team. We will provide you with the best service a criminal law lawyer in Sacramento can provide.