In California, harming (or threatening to harm) a spouse, cohabitant, co-parenting, dating partner, or other intimate partner is against the state’s domestic violence laws. Those protected under these laws include parents, children, and family members.
Under these laws, it is unlawful to touch a spouse, child, or relative in an aggressive or disrespectful manner, even if no harm results from physical contact.
When contact occurs accidentally or out of self-defense, it is not a crime. But since these accusations typically come up when an intimate relationship goes sour, this can get complicated, just like with any domestic violence offense. A person may use the law in retribution or for manipulation, just like with other claims of domestic violence. This is why it’s crucial to speak with a qualified domestic violence defense attorney like Criminal Defense Heroes P.C., who have spent more than a decade defending clients accused of domestic abuse in California.
Am I breaking the law by grabbing somebody?
We previously discussed that shoving your partner can also warrant domestic violence charges. And yes, simply grabbing someone can do the same!
The state of California recognizes simple battery when there is no serious bodily injury inflicted. According to the Penal Code 243(e)(1), even the slightest touching is considered a simple battery. In fact, simple battery charges do not require that any injury be inflicted at all.
A good example of a simple domestic battery is when a husband grabs his wife’s arm during an argument, even though the wife hasn’t been injured by that act.
Another more complicated scenario is when John’s neighbor calls the police because they have heard screaming in his house. His wife then reports that he grabbed her arm violently, but he tries to counter that by explaining that he was doing it in self-defense. Even though John’s wife doesn’t have any visible marks or bruising from him grabbing her arm, the police might still cite John for domestic battery.
Possible defenses
Assuming your case is similar to John’s, how will you defend yourself, especially without witnesses to back you up? John’s attorney might speak with other people to find out if his wife has ever hit him. Or maybe when things have calmed down, his defense attorney may get John’s wife to admit that she tried to smack him. Or John’s lawyer might offer proof that casts doubt on his wife’s credibility.
The fact that the touching was neither intentional nor malicious may also serve as a defense against these accusations. A defense lawyer may also assert that there is not enough evidence that a crime was committed.
The Criminal Defense Heroes P.C., can help!
At this point, you’re probably wondering, what’s next after my domestic violence charges?
Whether your charges are for simple battery or any of the domestic violence charges we talked about, Criminal Defense Heroes P.C. will help clarify your options. We provide a comprehensive consultation on your situation. Call (323) 529-3660 to reach one of our California locations, or send an email to [email protected] to get in touch with us.
