When Love Becomes Dangerous
The capricious state of many relationships can lead to arguments and accusations. When those accusations involve allegations of violence or threats of violence, it becomes a criminal matter in California. It is not only illegal to commit violence such as an assault, battery, or make a threat of violence against another person, it hurts both people.
When someone you believed you could trust makes a false allegation, it can be devastating to your reputation, your relationship and your future plans.
Why Would They Say This?
- In the heat of the moment, people are not thinking clearly. Sometimes a verbal fight becomes physical on both sides.
- Your partner or former partner believes you are “out to get them” or stalking or threatening them in some way.
- You may try to defend yourself and the other person claims that you pushed them when you were just pushing them away.
- A vengeful partner or ex-partner may claim domestic abuse in order to gain custody of the children, to expedite a divorce, or just ruin your life because they are bitter, jealous or have mental health issues.
- You did lash out because you have anger management issues, were under the influence of drugs or alcohol and you need help to overcome these problems.
What is Considered Domestic Abuse?
In the state of California, domestic violence is abuse or threats of abuse against a married or registered domestic partner or former partner, someone you live with (as in a common-law situation), someone you are dating or used to date, or a family member such as a parent, child, or other close relative.
These actions are considered domestic violence under the law:
- Physically assaulting or hurting someone or attempting to hurt them physically.
- Sexual assault
- Verbally threatening an individual that you are going to harm them and causing them to fear for their safety.
- Harassing, stalking, destroying property, or behavior that disturbs another individuals peace.
We Know There Are Two Sides to Every Domestic Violence Story
An allegation of domestic violence can play out as a “he said, she said” scenario, or vice versa if there is no physical evidence. All genders can be victims or alleged aggressors in cases of domestic abuse.
Many people believe that the person who reports domestic violence has the right to decide whether to press charges. This is not the case. The police will investigate and the prosecutor will decide whether charges should be laid. Your partner may have backed down, but that does not mean you are in the clear.
If you have been accused of domestic violence, you need to contact a criminal defense attorney immediately. You could lose your fine reputation and even custody of your children over such an allegation.
The Kavinoky Law Firm’s team of experienced criminal defense attorneys will present the facts and allow your side of the story to be heard. Contact us immediately and we may be able to advocate for you before charges are filed. It is not a hopeless situation.
The Kavinoky Law Firm has both male and female attorneys experienced in defending domestic violence cases. Sometimes it is purely a misunderstanding, an accident or a false claim. Whatever the circumstances, you have a right to a strong defense. The Kavinoky Law Firm feels compassion for the true victims of domestic violence, but it is our belief that everyone accused of a crime deserves the best legal representation.