California domestic violence takes place when an individual commits a crime against his or her intimate partner, parent or child. Intimate partners are married, divorced, have children together, live together or previously lived together, are dating or were formerly dating. Domestic abuse occurs when an individual tries to control another member of his or her family or his or her intimate partner through intimidation, threats and/or physical violence. Domestic violence occurs between heterosexuals and homosexuals and affects families from all social, economic, ethnic and religious backgrounds. The most commonly reported type of domestic abuse is physical abuse.
Physical abuse in a Domestic Violence situation occurs when an individual intentionally uses force or violence upon an intimate partner or other family member, attempting to cause injury, harm or pain. Some of the most common types of physical abuse include assault with a weapon, punching, hitting or slapping, kicking, tripping, shaking, pinching, biting or choking, spitting, restraining, hair-pulling and sexual abuse.
Sexual abuse is a type of physical abuse that is most frequently seen as a type of intimate partner abuse but can also be seen as a form of child abuse. Domestic violence statistics report that people who are physically abusive to an intimate partner are often sexually violent as well. Adult sexual abuse can be sexual assault, sexual harassment or sexual exploitation. Sexual exploitation takes place when an individual forces an intimate partner to participate in pornographic filmmaking or forces another to look at pornographic materials or other sexual materials that make the partner uncomfortable. Sexual harassment occurs when one makes unwanted sexual advances towards his or her partner to gain power over that individual. Sexual assault takes place when an individual forces his or her intimate partner to have any type of unwanted, unsafe or degrading sexual activity, whether intercourse is involved or not. Child sexual abuse occurs when any activity with a child is done for the purpose of sexual gratification. It includes, but is not limited to, sexual touching, intercourse, asking a child to expose his or her sexual organs and exposing a child to pornography.
Any type of physical abuse has detrimental effects on the abused, and children are often affected in even more damaging ways, which, according to statistics, may ultimately lead to an attempted suicide. Persons affected by domestic violence are often fearful, anxious, stressed and depressed. They are characterized as having low self-esteem and have trouble trusting others. Victims often feel isolated, angry and abandoned. As a result, many exhibit destructive behavior and begin abusing drugs and/or alcohol, turn violent themselves and/or often completely withdraw from others. Most victims, despite the abuse, remain with their abusive intimate partners, because following an abusive incident, the perpetrator is very apologetic and loving (which is known as the “cycle of abuse”) or because the victim feels hopeless and may suffer from a recognized psychological condition known as battered person’s syndrome.
Physical abuse, when perpetrated against one’s intimate partner or other family members, will be prosecuted in California as a crime of domestic violence which has serious consequences in addition to whatever crime was actually committed. For example, a battery charge carries certain penalties, but if committed against an intimate partner, it will have additional penalties, specific to domestic violence crimes, as well. The experienced criminal defense lawyers at The Kavinoky Law Firm specialize in California domestic violence law and have offices located throughout the state, enabling them to provide their exceptional representation to anyone in need. They participate in ongoing education and training seminars on intimate partner abuse that gives them a deep understanding of the issues and defenses that are frequently raised in and used in these special types of cases. Contact them today for a free consultation..
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