When you are involved in a legal situation concerning domestic violence, it helps to understand the legal definition of this crime. That can help you with your defense strategy.
The California Courts explain it is the abuse of someone with whom you have or have had a close relationship. But the technical details of domestic violence go a bit further than that to narrow it down more.
Abuse
The law says abuse includes physical, mental, and emotional harm. It may include acting in a reckless manner that injures someone, intimidating another person or making threats. Abuse can also be destroying someone’s property or making them afraid that you will harm them. Violence towards pets is also included in this definition.
Close relationship
A close relationship could be a past or current romantic entanglement. The person could be a spouse or former spouse or someone with whom you have had a child. The law also defines this type of relationship as someone with close blood ties or someone related to you by marriage. It also includes relationships with roommates or past roommates.
The definition of domestic violence under California law makes it clear what actions and relationships must exist for a charge to stand. If your situation does not fall within these guidelines, then you may be able to fight the charges against you more easily. It usually depends on the evidence you can produce to show your innocence or prove that abuse or the right relationship did not exist. Still, it is essential to make sure you clearly understand the charges against you and work with someone who has legal knowledge of your case to properly put forth a solid defense against the accusation in court.
