Domestic Violence, Spousal Abuse, Bail Bonds, PC 273.5, PC 243

Domestic Violence Definitions:

Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married, living together, separated or dating.

Domestic Violence isn't just hitting, or fighting, or an occasional mean argument.  It's a chronic abuse of power.  The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence.  Actual physical violence is often the end result of months or years of intimidation and control.

Examples of abuse include:

• name-calling or putdowns
• keeping a partner from contacting their family or friends
• withholding money
• stopping a partner from getting or keeping a job
• actual or threatened physical harm
• sexual assault
• stalking
• intimidation

Violence can be criminal and includes physical assault (hitting, pushing, shoving, etc.), sexual abuse (unwanted or forced sexual activity), and stalking. Although emotional, psychological and financial abuse are not criminal behaviors, they are forms of abuse and can lead to criminal violence. 

ANYONE CAN BE A VICTIM! Victims can be of any age, sex, race, culture, religion, education, employment or marital status. Although both men and women can be abused, most victims are women. Children in homes where there is domestic violence are more likely to be abused and/or neglected. Most children in these homes know about the violence. Even if a child is not physically harmed, they may have emotional and behavior problems.

It is important to note that domestic violence and child abuse are often present in the same families.  In homes where domestic violence occurs, children are physically abused and neglected at a rate 15 times higher than the national average.  Several studies have shown that in 60% to 75% of families in which a woman is battered, children are also battered.  In addition, children living in households where domestic violence is occurring are at a higher risk for sexual abuse.

Prosecutors are now taking Domestic Violence accusations very seriously. Even in cases where none of the parties involved want to press charges, you may still find yourself in Court. Incidents that would not have led to charges being filed 15 years ago are now a high priority for district attorneys. A phone call to 911 will often result in the accused being arrested and held on $50,000 bail or more.

Some of the common Domestic Violence criminal charges and violations are as follows:

• Spousal Abuse, PC 273.5
• Assault, PC 240
• Assault with deadly weapon or great force, PC 245(a)
• Battery, PC 242, 243
• Child Abduction, PC 278, 278.5
• Contempt of Court, PC 166
• Disturbing the Peace. PC 415
• Criminal Threats, PC 422
• Witness Intimidation, PC 136.1
• Rape of Spouse, PC 262
• Telephone Harassment, PC 653m
• Trespass, PC 602
• Violation of a Domestic Violence Restraining Order, PC 273.6