FAQ #15: What is Domestic Violence?

In California, what is considered domestic violence can span over a great breadth of situations. For example, it could be if you are out in public, and you've simply gotten into an altercation with someone where you've pushed them away. In that case, that action will just be considered a simple battery. However, it is different if you are living with someone. Or, if you have children with someone or if you've been married or cohabited with them in the past. If you've put your hands on them in a manner they find offensive and without their consent, it is a different story. In that case, that is what will transform that situation into a domestic violence situation where will you most likely be facing jail if the police are there.

Unfortunately, you have a "he said, she said situation." And when you have conflicting statements, you need the lawyer to help parse those statements out. You need someone to try to show what’s credible and what's not credible. That is why you need to contact a lawyer. If you've made those statements and you have that relationship with that person, there is a sign of physical violence in the home.

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