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Posts tagged "Domestic Violence"

Is an injury required in a "Domestic Violence" case?

An injury is not required in a "domestic violence" case.  There are misdemeanor and felony domestic violence (DV) charges.  The most common misdemeanor DV charge is California Penal Code PC 243(e)(1) commonly called spousal battery - it is an unlawful use of force or violence against a spouse or someone whom you have had a dating relationship.  It can be simply a rude or angry touching without injury.  That could be a pushing or grabbing where no marks are left.  The felony DV charge is commonly referred to as spousal abuse with injury per PC 273.5(a)  The difference is the injury.  Often time, if the injury is minor like redness, minor bruising or other minor injury, the District Attorney will file the felony charge as a misdemeanor PC 273.5(a) per 17(b)(4).  

What happens on a Domestic Violence charge at Arraignment?

Arraignment on domestic violence charges officially informs you of the charges that the District Attorney has filed against you, addresses bail, sets future court dates for negotiations and trial, and also results in a "protective order" for the victim.  If the victim is not present, the Court will automatically impose a protective order which is a temporary restraining order, that prevents any contact with the "victim" during the pendency of the proceedings.  If the "victim" is present, then he or she may address the Court and ask that there not be a "no contact" order" and the Judge could impose a less restrictive "no negative contact order" which allows contact but no harassing, threatening, or assaultive type behavior.

Does a Vista Domestic Violence call always result in an arrest?

A Vista domestic violence call, or any domestic violence call in North San Diego County, almost always results in someone being arrested.  There are very few circumstances where an arrest will not occurr regardless whether the "victim" wants anyone arrested or not.  Years ago, there was not always an arrest, but because of cases where someone was killed or seriously injured after a police intervention without an arrest, policy now dictates an arrest in nearly every call.

Does "Domestic Violence" involve only husbands and wives?

Domestic violence charges per California Penal Code 273.5 pertains to anyone who willfully inflicts a corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child.  This is a felony and can carry possible custody up to a 4 year prison commit.  The Officer in the field generally arrests anyone for this charge if they have probable cause to believe an injury was inflicted.  Every time an officer is called to a domestic dispute, someone almost always goes to jail. 

Vista Domestic Violence Cases increase during the holidays

Domestic violence cases in Vista, Oceanside, Carlsbad and throughout North County tend to increase during the holiday season.  There are many possible factors relating to this increase.  Alcohol use is often present in these situations and consumption of spirits always increases significantly during the holiday season.  There is also the added stress of faimily gatherings.  Many times a husband or wife simply calls the police to talk to their significant other, not realizing the nearly every time police are called to a "DV" (domestic violence) scene, someone is going to jail.

Domestic Violence Charges can be Misdemeanor or Felony

Domestic violence (DV)charges depend on the extent of force used and the injury inflicted or threatened.  The officers arrive on scene, separate the persons involved in the domestic violence, investigate, take photos, question the individuals and any witnesses.  Based on their investigation, someone almost always is arrested and goes to jail.  This quiets the situation, separates the parties, and the reports are turned over to the District Attorney (D.A.) for review and filing charges.  If there are no serious injuries or violence involved, the aggressor is charged with a misdemeanor, usually California Penal Code 243(e)(1) misdemeanor spousal battery.

What happens with a Domestic Violence call in Escondido?

A domestic violence case in Escondido usually starts out with a 911 call to the Escondido police by a "victim" or witness. This triggers a fast response by the police because of the serious possible consequences that can stem from domestic violence.  There are a large percent of murders in San Diego County that involve domestic situations.  These calls are dangerous for those involved and for the responding officers.  Tempers and passions are heated, often times alcohol is involved.  The possibility that children are present can even add to the seriousness of the situation.

Domestic Violence Cases in Vista Courts

     Domestic Violence cases in North County are handled at the Vista Courthouse.  They usually involve some physical touching of a spouse or someone you have had a dating relationship with.  Most of the time there is a 911 call which triggers a police response.  DV or Domestic Violence calls can be very dangerous for everyone involved, including the police.  Tempers are hot, emotions are high and there could children, alcohol or weapons involved.   Police upon arrival will separate the parties, investigate the incident and almost always arrest one of the parties they believe to be the aggressor regardless if the "victim" wants them arrested or not.  Domestic violence arrests can be for felony spousal abuse with an injury or misdemeanor spousal battery without an injury.  There can be other charges like vandalism if property is destroyed.