What Is Considered Domestic Violence?
In the state of California, domestic violence laws say “abuse” is:
- Physically hurting or trying to hurt someone, intentionally or recklessly;
- Sexual assault;
- Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
- Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
Physical abuse is not considered to be just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following a person, or keeping another from freely coming and going. It can even include physical abuse of the family pets.
Also, keep in mind that what is considered abuse in domestic violence cases does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be considered abused. One can quickly see that this vague outline of what is considered domestic violence can easily lead to wrongful convictions.
Unfortunately, innocent individuals can be accused with domestic violence crimes when relationships go south. With a thorough background in family law, Attorney Sara D. Bratsch understands these unique circumstances that domestic violence cases present. Is your relationship not going well? Is there a pending divorce? Is there an ongoing child custody battle? Sara will take the time to explore your relationship with the accuser. Accusers will often make false allegations of domestic violence to gain an advantage in family court with regards to a pending divorce or child custody dispute. What are the accuser’s true motives? If it is to gain an advantage over you in family court, it is vital that your attorney explores these issues and educates the District Attorney as to the true motivations of the accuser. Law enforcement will rarely explore these matters. It is imperative that your side of the story be told.
Often, the true victim is arrested. The unfortunate reality is that law enforcement most often arrests the male in the aftermath of a domestic dispute. This is true even if the male acted in self-defense. Even if you were not the initial aggressor and you were acting in self-defense, you may be arrested when law enforcement arrives. This is why Attorney Sara D. Bratsch will always take the time to sit down with the accused and thoroughly discusses their relationship with the accuser and get the true story. Both sides of the story need to be told and all too often, law enforcement will only tell her side.