Who Are the Victims of Domestic Violence?
Domestic violence (DV), a grave issue, is often a pattern of abusive behavior in a relationship used by one partner to gain or maintain control over another intimate partner.
In California criminal law, the crime of domestic violence often occurs more than one incident. It can include an attempted assault or threats of imminent physical harm. It may take the form of sexual assault, psychological abuse, or stalking.
Domestic violence is not confined to any specific type of relationship. It can occur between married couples, unmarried cohabitants, or individuals in a dating relationship. This includes relationships in the heterosexual, gay, and lesbian communities.
Research has identified certain characteristics that make some individuals more susceptible to becoming victims of domestic violence in California. These include people with a poor self-image, economic and emotional dependence on the abuser, and a history of abusive behavior.
Domestic violence victims also typically have low self-esteem and feel powerless to stop the violence. Victims often have an unrealistic belief they can change the abuser. Some believe that jealousy is proof of love.
While abuse can happen to anyone, it's crucial to note that women are the most frequent victims of domestic violence by men. The United States Department of Justice (DOJ) estimates that men against women commit 95 percent of the assaults on partners or spouses.
Female victims of domestic violence have many common characteristics, such as they abuse alcohol or other substances and have been previously abused. Their abusers also have issues with drugs or alcohol.
Many are poor, with limited financial support, and are ethnic minorities or immigrants who do not speak English. Some have traditional beliefs that women should be submissive to men. In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years.
Many domestic violence cases are prosecuted without the victim's cooperation. This means that even in domestic violence cases where the victim refuses to testify, the prosecution can still obtain conviction without the victim's testimony.
Domestic Violence Victims - Quick Facts
- In Los Angeles, a domestic violence conviction carries harsh legal consequences.
- What sets domestic violence apart from other crimes is primarily the relationship between the victim and the accused.
- California domestic violence laws make it a crime to harm, or threaten to harm, your current or former spouse, cohabitant, co-parent, or dating or intimate partner.
- The most common domestic violence charges are Penal Code 243(e)(1) PC domestic battery, Penal Code 273.5 PC, inflicting corporal injury on an intimate partner, and Penal Code 275.6 PC violation of a restraining order.
- A "dating relationship" means frequent, intimate associations with the expectation of affectional involvement.
- Understanding who is a victim of domestic violence matters because it has an impact on how the alleged crime will be charged, as well as the use of protective orders and the possible consequences for a conviction.
- When police have trouble determining the identity of the primary aggressor, they often arrest the actual abuser along with the victim in a dual arrest.
What is the Definition of a Domestic Violence Victim?
Under California law, there are certain relationships between the perpetrator and the victim that qualify someone as a victim of domestic violence. These relationships are not limited to marriage but include other forms of intimate or family connections, such as the following:
- Current or former spouse. Domestic violence occurs most often among married couples. If the alleged victim is, or ever was, married to the accused, this relationship falls under the definition of domestic violence.
- Somebody you are dating or have dated. This category includes people currently in a dating relationship with the accused or those who have dated. The focus is on the seriousness of the relationship, which differentiates it from casual interactions.
- Current or former fiancée. People who are engaged or previously engaged to be married are also included. This recognizes the serious nature of the engagement relationship, even if it does not end in marriage.
- Current or former cohabitant. A current or former cohabitant is somebody who has lived with the accused in an intimate relationship. However, it does not necessarily mean they were married or engaged but shared a domestic life, which might include sharing expenses, household duties, and emotional bonds.
- Partners who share a child. If the accused and the alleged victim share a child, regardless of marital status or whether they live together, then the victim is considered a domestic violence victim. This inclusion signifies the importance of protecting people involved in parental relationships.
- Current or former registered domestic partner. Similar to spouses, registered domestic partners, whether current or former, are also protected under California domestic violence statutes. This category includes same-sex couples who registered their partnership with the state.
What Does the Law Say?
California Penal Code 243(e)(1) PC domestic battery says, "When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participates in, for no less than one year, and complete, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court.
However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution."
Why Does These Categories Matter?
Domestic violence crimes in California are treated differently by police, prosecutors, and judges. They are considered more severe than acts of violence involving strangers.
Victims of domestic violence are eligible for more substantial and more immediate protections against their alleged abuser. Still, those accused might face more stringent consequences, not only if convicted but often before charges are filed.
One of the most common legal tools available in cases of domestic violence is a restraining order, also called a protective order. Knowing the nature of the relationship helps the judge determine eligibility for these orders. A restraining order can impose restrictions on the accused, including:
- No contact with the victim.
- Removal from shared home.
- Temporary custody arrangements for children.
California's standard statute of limitations is one year for misdemeanors and three years for felonies. However, domestic violence cases have a statute of limitations of five years, regardless of the severity of the crime.
This means if the victim qualifies as a domestic violence victim, they have longer to come forward and report the alleged crime. The district attorney also has longer to file formal criminal charges against the suspected abuser.
In cases where the accused shares children with the victim, domestic violence allegations often impact custody and visitation rights. Courts are likely to restrict or supervise the accused's access to children to prioritize their safety and well-being.
When a defendant is convicted of domestic violence, they will face harsher penalties than similar crimes committed against non-intimate partners. Sentences might include longer jail time, mandatory counseling, and extended probation.
What Are the Defenses Against False Claims of Domestic Violence?
As noted, California has a strict stance against domestic violence that provides more immediate protections for victims. However, it's essential to note that false claims of domestic violence are common.
Some common examples of why there are so many false allegations include the following:
- An ex-spouse makes false claims of being a domestic violence victim several months after separation out of anger or jealousy, which triggers restraining orders and creates child custody challenges in the process.
- A victim can falsely claim to have been in an intimate relationship to garner protective orders, subjecting you to immediate arrest or making you subject to severe penalties.
Thus, if you are accused of committing a domestic violence crime, you will need to retain a California criminal defense attorney to challenge the accusations. Contact our criminal defense law firm for more information. Cron, Israels & Stark is based in Los Angeles, CA.
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