Domestic Violence Against Family Members

Domestic Violence Against Family Members

Many people mistakenly believe that domestic violence offenses are limited to crimes committed against husbands, wives, boyfriends, girlfriends and other people with whom the defendant had a romantic relationship. However, under California Penal Code Section 1203.097 PC, which sets forth specific sentencing requirements for domestic violence offenses, these crimes also include offenses in which the victim is a parent, child, brother, sister or other close family member. Courts may treat these offenses differently, however they can still be considered domestic violence and may be subject to certain mandatory requirements of probation for those who are convicted.

Common Domestic Violence Offenses Against Family Members

The two most common domestic violence charges, corporal injury to a spouse in violation of California Penal Code Section 273.5 PC and spousal battery under California Penal Code Section 243(e) PC, both involve current and former spouses, boyfriends and girlfriends and do not apply to family domestic violence.

When dealing with offenses committed against elderly parents, defendants can be charged with elder abuse in violation of California Penal Code Section 368 PC, specifically when physical abuse is involved. When the victim is a minor child of the defendant, he or she can be charged with child abuse in violation of California Penal Code Section 273d PC or child endangerment pursuant to California Penal Code Section 273a PC. For charges of physical violence against a close family member who is a not a current or former spouse, the defendant can be charged with simple battery under California Penal Code Section 242 PC but would be subject to the mandatory domestic violence sentencing provisions set forth in California Penal Code Section 1203.097 PC.

Sentencing for Family Domestic Violence Cases

As long as the named victim is one of the parties listed in California Family Code Section 6211, which includes family members, the defendant would be subject to the requirements set forth in California Penal Code Section 1203.097 PC if he or she is convicted and placed on probation. These requirements include a probation period of at least three years, a protective order prohibiting the defendant from having contact with the named victim, mandatory attendance of a batterers’ counselling program, community service and fines. When the victim is a family member, the court may opt to have the defendant attend parenting classes or other forms of counselling in lieu of a batterers’ program. In addition, the Court may be willing to issue a “Level One” protective order that would allow peaceful contact between the parties.

Problems in Prosecuting Family Domestic Violence Cases

Prosecutors may have a difficult time prosecuting domestic violence cases that involve family members. Families may reconcile and may not be willing to participate in prosecutions against each other. The prosecutor may be willing to offer a reduced charged in order to resolve the case, such as disturbing the peace under California Penal Code Section 415 PC. Even with reduced charges, the defendant may still be subject to the mandatory sentencing provisions as set forth in California Penal Code Section 1203.097 PC.

If you or a loved one have been arrested for or charged with domestic violence involving a family member, it is crucial that you meet with an experienced criminal defense attorney as soon as possible to go over your case. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands the sensitive nature of these types of cases and who works hard to ensure his clients receive the most comprehensive defense possible. In many cases, Mr. Kraut’s early involvement in a case has resulted in charges being dismissed or significantly reduced.

For more information about domestic violence against family members, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
Avvo User
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
Owen, Google User