Domestic violence, as defined by the United Nations, is a pattern of behavior in any relationship that aims to maintain control over an individual. Domestic violence has no respect for age, gender, faith, or class. Neither is it limited to any of the aforementioned. It can be perpetrated mentally, physically, emotionally, or sexually.
The WHO has declared that women are statistically more likely to be exposed to domestic violence. One in every three women you see has experienced domestic violence in their lifetime.
The perpetrators of this act often feel entitled, like they have every right to carry it out. Luckily, domestic violence is a topic that has become more popular in discussion in order to help victims and educate them on the signs of abuse and how to escape it.
How To Get Legal Help?
If you are a domestic violence victim living in California, make sure you get all the support you need. Victims of domestic violence can turn to domestic violence lawyers for assistance. Women are protected from these types of violence, and victims can visit the office of violence against women.
Legal help is available to those who can prove that they have been violated domestically. With proper evidence, you can get legal help even when you don’t have the money for it.
To prove that you or your children were at risk of harm from an ex-partner, you have to get evidence from any of these people or bodies.
- The court
- The police
- Your employer
- A domestic violence support service
When you have the evidence, provide it to your legal aid solicitor.
Legal Bodies That Help Victims Of Domestic Violence
There are certain legal bodies Specific legal entities have been established to safeguard and defend domestic violence victims.
1. The Domestic Violence Unit
Each county in California has a domestic violence unit that is charged with the responsibility of dealing with domestic and family violence services. It comprises lawyers and social workers who come together to help victims of domestic violence with their legal and social needs.
This body helps with
- Victim support
- Child care
- Getting a divorce
- Handling immigration problems where households have been shattered by domestic violence.
2. The Office Of Violence Against Women
This federal organization was initiated to execute the Violence Against Women Act and successive legislation. It provides financial and technical assistance to communities to help them initiate programs to stop sexual assault, domestic violence, and stalking.
The Office of Violence Against Women deals mainly with developing national capacity to reduce violence against women. Its main goal is to defend victims and serve justice.
Types Of Domestic Violence
There are quite a number of domestic violence to bring to the awareness of people.
1. Physical violence
This is the most notable kind of domestic abuse. It entails the use of force against the victim, causing injury. However, the wound does not have to be severe. For instance, you get minor injuries as a result of a few slaps from your abuser. Even though the injury doesn’t need medical attention, the slapping would be considered domestic abuse. Domestic violence includes:
- Hitting
- Slapping
- Shoving
- Stabbing
- Forcing one to take drugs.
Rape is another common kind of physical abuse. One in six American females are reported to have been a victim of a failed or executed rape.
2. Emotional violence
This violation is harder to identify, except the victims speak up, which doesn’t happen in all cases. Emotional abuse is defined as the damage of the victim’s ego as a result of repeated insult, embarrassment, or condemnation. Emotional abuse can be a complex aspect of domestic abuse for several folks to comprehend. This is because it seems to be very prevalent in dysfunctional relationships on the surface.
Emotional abuse is not substantial to be considered as a domestic abuse act in most states. Unless the abuse is so consistent and substantial that the relationship can be branded extremely coercive.
Emotional abusers make use of specific tactics to attack their victims, such as
- Gaslighting
- Yelling
- Derogatory nicknames
- Dismissiveness.
3. Sexual violence
Not only does domestic abuse include sexual violence and rape, but also abuse, such as inappropriate touching and other dehumanizing behavioural patterns. Many victims are unaware of how widely sex assault is defined. For example, if you were ever forced to use contraception or get an abortion, you may have been sexually assaulted. This is referred to as reproductive coercion.
What Is Considered As Domestic Violence In California
Domestic abuse is defined as violence perpetrated against one’s partner under California Penal Code 13700. A person perpetuates abuse when they intentionally or recklessly use physical force against an intimate partner
People who commit acts of domestic violence can face severe criminal penalties. These penalties are in the form of lengthy terms of detention and huge fines.
In California, crimes pertaining to abuse or threats of abuse between two people who are or have been in an intimate relationship make up domestic violence.
Domestic battery, imposing bodily injury, sexual assault, stalking and false imprisonment are all considered domestic violence crimes in California.
Domestic violence laws in California
In California, some laws guide against certain crimes that are classified under domestic violence, and these include
1. California’s Penal Code 273.5
This code makes it illegal to inflict a bodily injury that marks even a tiny physical injury to an intimate partner. It is considered a felony.
Likely, penalties for a first offense vary from one year in county jail to up to four years in California state prison.
2. California Child Abuse Law
This makes it a crime to inflict bodily punishment on a child. Reasonable spankings are left out, but any punishment that is harsh or causes injury is considered child abuse in California.
An offense of child abuse can be punished by up to one year in county jail or up to three years in state prison.
3. Penal Code 368 On Elder Abuse
This California’s law on elder abuse makes it a wobbler to impose any of the following on a victim 65 years of age or older:
- Physical abuse
- Emotional abuse
- Neglect
Elder abuse can be punished by up to one year in jail if treated as a lesser criminal act, but if treated as a felony, elder abuse penalties can include up to four years in state prison.
Domestic Violence Arrest In California
In California, the police, sheriff’s department, or other law enforcement agency takes reports of violence between a couple seriously.
These reports are presented as part of domestic violence investigations by California prosecutors and county district attorneys.
The prosecutors and attorneys charge a criminal assault case in a California Superior Court in the county where the incident is alleged to have happened.
Being arrested or interrogated for an incident of domestic violence may require you to call a qualified California domestic violence criminal defense lawyer to help you.
Bail For Domestic Violence In California
Each county in California has its own unique bail agenda, and you need to consult with a bail bondsman to figure out the possible bail amounts entirely.
- Bail for domestic batteries is generally set at $5,000-$10,000 for these charges.
- Bail for felony domestic violence charges usually ranges from $10,000-$50,000 and up, depending on how severe the crime is.
Conclusion
Domestic violence is an offense severely punishable under the law, and there are legal bodies available to enforce this punishment. Nobody has the right to deliberately belittle or inflict injury unjustly on another human just because they feel they can. Victims of such violations break down in different ways and need help. It is important for victims to always speak up so help can reach them.
