Corporal Injury to Spouse

TRANSCRIPT

California penal code section 273.5 is the most common type of domestic violence charge that we see and it involves some type of corporal injury to either a spouse or a cohabitant. Cohabitant being someone that you’ve lived with. It doesn’t even have to be someone that you live with its been expanded to be girlfriend, boyfriend, ex-girlfriend, ex-boyfriend. It could be a brother or sister or mother father someone with that familiar relationship. The reason why I leave out child is because there are specific child abuse charges there. It’s essentially the same elements as battery. It’s an intentional rude or angry touching. Domestic violence is a messy crime and there’s a lot of using it for reasons that aren’t exactly that it happened. Someones having an affair and the other persons angry and they say and do something. I’ve had a case where someone just wanted sympathy and she took her shoulder and banged it up against a piece of furniture with a little lip going out and told someone that her boyfriend hit her with a broom. Certainly looked like it but thankfully the truth came out in that one and theres some domestic violence that can be chalked up to a mistake. It’s a heated argument. Someone throws something. They don’t mean to throw it at the person or it bounces off something and then you have your battery there. The most common defense to domestic violence charges other than it didn’t happen is that it was self-defense. They say it takes two to tango and they are certainly real and very serious domestic violence situations but more often than not it’s a mutual combat type situation. The police show up and someones got to go to jail and they pick their victim and they pick their defendant and that’s not always the way it is.

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