San Diego Lawyer Explains the Difference Between Domestic Violence, Spousal Abuse & Domestic Battery

In California, the definition of domestic violence is stated under the Penal Code as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”  Although most incidents of abuse are through physical violence, they can also be defined as emotional, economical or psychological abuse as well.

Many allegations of domestic violence may arise from a number of different circumstances, not all of which are true or warrant a charge of spousal abuse or domestic battery.  However, if you are found guilty, the penalties involved may be very serious and involve prison time or a loss of custody if you have children.  As such, it is important that you know your rights if you have been charged with domestic violence so you are aware of your options and how to best protect yourself.

What is Spousal Abuse?

Although spousal abuse is different than domestic violence and is codified in another section of the Penal Code, the two usually arise from the same set of events. Spousal abuse is defined in the code as “the infliction of bodily injury resulting in a traumatic condition against a current or former spouse, cohabitant or fiancé.” Oftentimes, circumstances surrounding spousal abuse involve the presence of drugs, alcohol or other factors, which can fuel arguments and cause reactions to arguments that are normally unreasonable.  The crime of Spousal Abuse is a felony and can result in up to four years in prison if found guilty, and up to seven years for repeat offenses.

What is Domestic Battery?

Domestic Battery is defined as battery (willful use of force or violence against another) against a former spouse, current spouse or cohabitant. Although this definition sounds very similar to spousal abuse and domestic violence, the three are not mutually exclusive, can result in different penalties and require different defense approaches. Many defendants charged with domestic violence believe that because the allegations are false the jury or judge will believe their side and they will be proven innocent. This is not always the case, as the court is often sympathetic to alleged victims of abuse or battery.  Therefore, a lawyer’s strategic yet careful approach is incredibly important.

Protect Your Legal Rights - Contact Qualified San Diego Domestic Violence Lawyer Ashby C. Sorensen

If you have been charged with domestic violence, spousal abuse or domestic battery, you need a domestic violence lawyer san diego who you can trust. It is imperative to have a seasoned attorney who has the experience and knowledge your case needs to ensure your legal rights are protected. Call (858) 999-6921 now to schedule your free consultation or speak with attorney Ashby Sorensen today to learn more about your legal options.