Simi Valley Domestic Violence Lawyer

For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.

(i) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.”

DV occurs where people currently live or previously lived together, or are family members or sexual partners, and one person threatens, inflicts another person with physical or sexual harm, emotionally harasses, or violates their personal sense of space or peace, or destroys that person’s personal property.

• Domestic violence (DV) exists in any relationship. DV abuse can include:

• Verbal or written abuse

• Any kind of physical violence

• Coerced or forced sexual behavior or acts

• Psychological or emotional abuse

• Harassing someone in person, over the phone, through the Internet, or even US Mail

• Domestic Violence.

Call (805) 515-4070 or contact us online to schedule your free consultation with our experienced domestic violence attorneys in Simi Valley and throughout Los Angeles & Ventura counties!

What the DA Must Prove Beyond a Reasonable Doubt?

Jury Instruction 840. Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition

The defendant is charged [in Count ] with inflicting an injury on [his/her] ([former] spouse/[former] cohabitant/the (mother/father) of (his/her) child) that resulted in a traumatic condition [in violation of Penal Code section 273.5(a)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant willfully [and unlawfully] inflicted a physical injury on [his/her] ([former] spouse/[former] cohabitant/the (mother/father) of (his/her) child); [AND]

2. The injury inflicted by the defendant resulted in a traumatic condition.

<Give element 3 when instructing on self-defense or defense of another> [AND

3. The defendant did not act (in self-defense/ [or] in defense of someone else).] Someone commits an act willfully when he or she does it willingly or on purpose.

A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

[The term cohabitants means two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that may determine whether people are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same residence, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) the parties’ holding themselves out as (husband and wife/domestic partners), (5) the continuity of the relationship, and (6) the length of the relationship.]

[A person may cohabit simultaneously with two or more people at different locations, during the same time frame, if he or she maintains substantial ongoing relationships with each person and lives with each person for significant periods.]

[A person is considered to be the (mother/father) of another person’s child if the alleged male parent is presumed under law to be the natural father. <insert name of presumed father> is presumed under law to be the natural father of <insert name of child>.]

[A traumatic condition is the result of an injury if:

1. The traumatic condition was the natural and probable consequence of the injury;

2. The injury was a direct and substantial factor in causing the condition; AND

3. The condition would not have happened without the injury.

A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.

A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that resulted in the traumatic condition.]

Legally, the definition of domestic violence is very broad.

Even if you don't consider an act “domestic violence,” it may fall within the purview of DV under the current status of the law. If you willfully inflict any injury, no matter how minor, upon the body of an intimate partner, you can be charged with a felony. If convicted, you will face prison time and heavy fines.