Defending a Domestic Violence Case in California

Defending a California Penal Code 243(e): Spousal/Domestic Violence

California Penal Code 243(e) is defined as a willful infliction of force or violence upon your intimate partner. This charge is also commonly called domestic violence, domestic abuse or spousal assault. This can include any form of physical violence such as pushing, hitting, shooting, etc. This is one of the most common charges in California that are considered criminal, and individuals charged of this crime should contact a criminal defense attorney right away.

Defenses Used for California Penal Code 243(e):

Attorneys use a number of defenses in order to lesson the charges or have the domestic violence charges thrown out. A competent attorney will use the details of the case and the circumstances surrounding the case to prove his or her client's innocence. Some possible defenses include:

Self-Defense

It is permitted by California law to use force in order to defend yourself. For instance, if a husband comes toward his wife with his fist drawn back, appearing as if he is going to hit her, the wife has the right to defend herself. If she should happen to pick up a weapon and hit him in the knee, for instance, to make him fall to the ground - she is not a criminal and a domestic violence charge is not warranted. She is allowed to use enough force to stop the attack on herself.

Defense of Others

By the same token, if one is defending someone else from an attacker, they can utilize force to do so. For instance, if a mother is in the middle of hitting her own child and an older sibling knocks the mother to the ground to stop the attack - hitting her head on the counter as she falls, the mother may claim domestic violence. However, since the older sibling was acting in defense of her younger sibling - it is actually permitted by law. If the force was used in defense of others, the charges of domestic violence will likely be dropped.

Accident

There are cases where individuals are injured by accident, and because of anger or miscommunication, someone is charged with domestic violence. For instance, Marcus and Maria are arguing, and Marcus storms out of the house and gets into the car. Maria follows him in an attempt to stop him, but he slams the car door as she sticks her hand out - injuring her hand by accident. Even though the two of them were arguing, Marcus didn't mean to injure Maria's hand. Through her anger, she may have seen it as a willful act, or she may just want to 'get back' at Marcus by calling the police.

Anyone who has been accused of domestic violence should contact a criminal defense attorney right away. The attorney can begin strategizing a legal defense as soon as he or she finds out the details of the case and what happened. This can prevent the accused from paying large fines and/or facing jail time that is undeserved. In some cases, the charges could be dropped all together.

Robert Miller is an Criminal Law Specialist at Miller and Associates, A Law Corporation. He is known for being an effective legal advocate with criminal law and DUI cases in Orange County, Riverside County, Los Angeles, and San Bernardino. He welcomes individual questions, and you can reach him through his websites:

http://www.expertlawfirm.com
http://www.ocduiblog.com

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Child custody and you-what you need to know

No pair begins a relationship with the intention to create a broken home. In fact most divorces build over time and can also come as a surprise to one or more of those involved. If you have children, can fight for custody to be a particularly heartbreaking experience. A vengeful partners can seek revenge through negotiations around custody. Even in calmer breakups, it can be extremely difficult to figure out what is best for the children. If you are involved in a partnership that is no longer working and children are involved, you need to understand current child custody legislation.

Important thing to realize is that child custody laws vary by State. It is good to get advice from family or friends who may have been through this before, they can give you information specific to a different area. Use it as a guideline, but always make sure it is based on a custom state statutes. For example, you can have a friend who informs you that unmarried mothers have assumed custody if they have the primary caretaker of a child. While it is true in some States, others give no such precedence and the Court may be necessary to establish paternity and designate the legal custodial parent for the child. In General, however, is often given priority to the mother, especially if she has had custody of them until the point at the break. Even in those cases, it is a situation that only applies to unmarried partners. If you legally divorcing, court proceedings are almost always necessary unless you and your spouse can agree a custom, with the Court documenting the compromise.

There are three types of custody, but in most situations, only revolve around two. Legal custody refers to the person responsible for making decisions for children. This person has the ability to determine the health care, religious upbringing and other important decisions. The natural guardian is the person who lives children mostly. Both legal and physical custody can be shared, then the parents must work together. In some cases be given control of the situation to one of the two parents. This occurs when one of the parents has been found to be dangerous or incompetent. It may also be the case when a spouse wants to divorce as peacefully as possible and giving up their rights for peace. The third type of custody is called the bird's nest of custody. Children left at home in this arrangement and the parents take turns caring for children, with separate living quarters for the times. This type of custody takes a lot of cooperation, but is thought to be better for the children stability.

There is much to consider when you are considering to treat child custody laws. The best thing to do is search for your State's specific statutes. Advice of an attorney is also a good idea, as they can guide you through the nuances and help you develop a plan for the games if you have a cooperating partner that muddying the waters. Both ways can you study the legislation and a better understanding of how in custody matters.

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Each child custody case needs a good lawyer as child support

No one likes undergoes a child custody battle. It is always better if everyone involved when an agreement is not only in custody but also for the support and visitation rights. Lawyer, child support may not only help during custody proceedings but may the best judgment as to how often searches and the amount of child support due. The court handling the divorce will also determine all matters concerning custody of children. Usually any children conceived during the marriage is a responsibility of both parents and they have equal rights to custody.

Regardless of which parent granted custody makes all decisions with regard to education, religion and health care. More than one type of custody may be granted. When a parent is granted temporary custody is throughout the procedure of divorce or separation. Exclusive custody provides a parent full parental rights to the child or children. The other parent does not have any rights when this type of custody shall be granted. Non-custodial parent may supervision or inspection rights. Search may be required to be monitored if necessary. In most cases, joint custody gives both parents equal rights in decisions concerning the child. When several children are involved, custody is shared between the parents according to whether the best interests of the child are served.

The Court used witness testimony each parent characters, overall health, and many other factors to determine which parent is qualified to meet the best interests of the child. Parents and children are also taken into account. Their comfort in the home, school and community are assessed as part of the decision. Family Law lawyers know what a judge will factor in their decision and is a person's best bet to win a child custody cases. They can help you find good character witnesses and give tips on how to produce the best parent. Most want to know from past history that could be used to depict a negative image during the trial custody. To give them the most accurate information will help them build a strategy for making any accusations, unreliable and closed.

Good child support lawyer can assist either party get visitation rights if they wish, or the amount of children needed during these procedures. Custody ruling determines whether visitation rights are assigned. Exclusive custody gives the other parent the right to visit the child and a decision by the referee. In some cases, the Court may request that the search be monitored or deny visitation rights all together. This happens when the child has been abused physically or emotionally, and could be in danger. Child support is given to the custodial parent as a way to help with the child's or children's expenses such as food, clothing and other necessities. The Court will be a decision of how much based on each parents income, age, children and the number of children. Experienced family law lawyers can verify that these decisions are fair and reasonable for the hiring party.

Child custody battles are physically and emotionally difficult. Nobody wants to give up their children and there are so many things that record when the judges make their decisions. Family law lawyers to deal with cases like these all the time and know what the judge will consider when you choose. Custody may be awarded in many forms and a good child support lawyer can be very beneficial to that non-custodial parent. They can make it easier and more likely for the non-custodial parent receiving visitation rights and not over pay in children.