Dudek Cintean has established itself as a leading California domestic violence law firm, having successfully handled numerous domestic violence cases in Contra Costa and the rest of the bay area. We are dedicated to defending your rights and providing you with the highest quality legal representation.
Domestic violence refers to a wide range of conduct, from threats and verbal harassment to the use of physical force. Domestic violence includes all forms of abuse, from screaming and pushing, to emotional and physical abuse. Each year, approximately 1 million women suffer from nonfatal violence perpetrated by an intimate partner. More than 4 million women experience a serious assault by someone they know or love.
Nearly 1 in 3 adult women experience at least one physical assault by a partner during their lives. Domestic abuse does not have to be physical, but can involve economic deprivation, the use of privilege, intimidation, and isolation to maintain a feeling of fear and helplessness in the victim. Domestic violence affects victims indiscriminately, affecting individuals of every age, race, and class. Examples of conduct that may constitute domestic violence include:
- Verbal abuse
- Physical battery
- Stalking, intimidation
- Sexual assault or abuse
- Threatened or actual physical harm
- Violence against children or family
- Withholding money or basic necessities
- Assault with a weapon or aggravated assault
- Infliction of corporal or psychological injury
Domestic violence causes untold injuries to victims and families across the United States. Being falsely accused of domestic violence also has devastating effects on innocent individuals. In many cases, a partner makes false allegations of domestic violence out of anger, jealousy, or vengeance. Accusers know that domestic violence allegations are serious and can result in the deprivation of parental rights. Some people use domestic violence as a vehicle to gain the upper hand in divorce or child custody proceedings or just to make life harder for the accused. The alleged incident may even have been an accident, but will forever remain on someone’s criminal until it is expunged. District attorneys can still proceed with prosecuting allegations of domestic violence, even if victims later recant their testimony or refuse to press charges.
California laws punishing acts domestic violence are set forth in the California Penal Code. Section 273.5 punishes anyone who willfully inflicts corporal injury that results in a traumatic condition upon a spouse, cohabitant, or parent of his or her child. Pursuant to this law, the crime is a felony punishable by imprisonment for two, three, or four years, a fine of up to $6,000, or both. Under this section, a “traumatic condition” includes any internal or external wound or injury, even if it is minor, caused by physical force. This law also extends domestic violence protection to former spouses and cohabitants, even if the couple was not married. Family Code Section 3044 requires a presumption that awarding custody to a perpetrator of domestic violence is “detrimental” to the child, seriously affecting custody and visitation rights of a parent found to have committed domestic violence.
If you have been charged with domestic violence, the experienced California domestic violence attorneys at Dudek Cintean can help. We have successfully handled all types of domestic violence cases in Santa Clara and the bay area. Because domestic violence allegations can have serious effects on your immigration status and ability to see your children, it is important to retain a lawyer who can aggressively defend your case. At Dudek Cintean, we understand the sensitive nature of domestic violence charges and are dedicated to helping you fight back. Call us at (415) 946-4020 for a consultation or contact us online.