How long do most domestic violence cases last?
Over the years, California has continued to update its laws regarding domestic violence in an effort to impose harsher punishments on abusers and establish greater protections for victims. Nevertheless, domestic violence continues to plague families throughout the state. If you’ve been accused of domestic violence, it is important that you speak with a California domestic violence attorney as soon as possible.
An experienced domestic violence attorney, like those at Najera Law Group, APC, can protect your rights and advocate for your defense throughout a process that can be both legally and emotionally challenging. If you’re facing domestic violence charges, reach out today.
Domestic violence can potentially refer to a range of abusive behaviors. These can be physical, emotional, verbal, psychological, economic, or sexual in nature. Any abuse that happens between family members, spouses, current or former intimate partners, roommates, or dating partners can be considered domestic violence. These behaviors include, but are not limited to:
- Physical violence
- Emotional abuse
- Verbal threats
- Psychological manipulation
- Economic control
- Sexual assault
Domestic violence cases can be prosecuted as either a misdemeanor or a felony, depending on the nature of the behavior and the severity of the charge.
In addition to fines, jail time, and probation, there are additional penalties that those who are convicted of domestic violence incur. Often, individuals with domestic violence convictions lose access to certain rights or freedoms or have certain obligations imposed. These may include:
- Losing child custody rights
- Losing the right to own a firearm
- Being required to attend counseling or anger management classes
Being convicted of domestic violence can carry heavy consequences that have both short- and long-term effects on a person’s personal, professional, and social life. For these reasons, it is imperative that you work with a qualified and experienced domestic violence attorney if you are facing charges of any kind.
Q: What is the statute of limitations on domestic violence in California?
A: In California, the statute of limitations on domestic violence is five years. This gives victims five years from the time that the violence occurred to bring a case against their alleged abuser. The law used to allow only one to three years, but recent changes have extended the timeframe to five years to allow victims the time to come forward. Because domestic violence is often a hidden crime, victims may hesitate to act until much later.
Q: What is the average sentence for convictions in domestic violence cases?
A: Domestic violence cases can vary greatly in both severity and circumstances. These can have an impact on the average sentence for convictions. Generally, convictions will lead to between 1 and 4 years of prison time. Misdemeanor domestic violence cases only carry up to a year in jail, while felony convictions carry harsher penalties. In most counties, the minimum jail time for a domestic abuse charge is 30 days.
Q: How has the California Family Rights Act impacted protection for victims of domestic violence?
A: The 2023 California Family Rights Act expanded protection for families as it related to employment and leave-from-work rights. This included protection for victims of domestic violence as well. Employers must keep victim information confidential and provide reasonable accommodations at work, such as adjusting schedules or transferring shifts.
What is the domestic violence law in Brazil?
The relevant legislation on domestic violence in Brazil is divided between international ratified standards/policies and local legislation, as detailed in the below chart.
International standards | National laws |
---|---|
|
|
Aims to prevent, punish and eradicate domestic violence and grant protection to victims.
Establishes the crime of kidnapping for sexual gratification: the conduct of kidnapping women, through violence or serious threat, for sexual gratification, in a place where any effective military operations occur. The established penalty is from two to four years of imprisonment.
Establishes rules for women who are held in prison.
Establishes procedures for criminal offenses.
Establishes that the federal police — in cooperation with others — will investigate cybercrimes that spread misogynistic content, defined as those that propagate hatred or aversion to women.
Sets special punishment for killing women exclusively because of their gender. A crime qualifies if the crime (i) involves domestic or family violence or (ii) disregard or discrimination against a person based on the fact that they are a woman. The established penalty is 12 to 30 years of imprisonment.
Establishes the crime of rape: to coerce someone through violence or serious threat, to practice sexual act or similar. The established penalty is six to 30 years of imprisonment.
Establishes the crime of sexual violation through fraud: the conduct of practicing sexual acts through fraud or any means that hinder the victim’s free will.
How to deal with domestic abuse?
Domestic abuse is behaviour from a family member, partner or ex-partner. It can happen to people of all genders. It can include:
- physical or sexual abuse
- violent or threatening behaviour
- psychological or emotional abuse
- coercive behaviour – for example, humiliation or intimidation
- controlling behaviour – for example, making someone feel less important or dependent on the abuser
- ‘economic abuse’ – this includes controlling someone’s possessions or how they earn or spend money
It can also include harassment, stalking, female genital mutilation, forced marriage and ‘honour-based’ abuse. Trafficking is also a type of domestic abuse – get help if you think you’ve been trafficked.
If a child is under 18 and sees or hears domestic abuse happening to a family member, this is also domestic abuse. If they experience abuse, this is child abuse – check how to report child abuse.
If you are the victim of an abusive relationship, you might want to:
- find somewhere safe to stay
- stay in your home and get the person who is harming you to leave
- report the violence to the police
- get a court order to stop your abusive partner from harming or threatening you
- take legal action
- get help from a charity or another organisation
Whatever you want to do, there are organisations that can give you advice and help. You may need somewhere safe to stay, either alone or with your children. If you want to stay at home, you could get legal protection to keep the abuser away.
If you can’t stay at home, you could:
- stay with relatives or friends
- stay in a refuge
- get emergency accommodation from the local authority under homeless persons law
- get privately rented accommodation
Refuges provide somewhere safe for people and their children to stay and think about what to do next. Staff at refuges support people who’ve experienced domestic abuse. They can give emotional and practical support – for example, advice on benefit claims, which solicitors to use and, if necessary, how to contact the police.
If you’re a woman you can contact the National Domestic Abuse Helpline on their website. Helpline staff will tell you which refuges have spaces. They are also happy to answer questions.
If you’re a man, you can contact the Men’s Advice Line on their website.
Local authorities have a legal duty to provide help to certain people who are homeless or threatened with homelessness. You will be considered to be legally homeless if it is not reasonable for you to occupy your home because of the risk or fear of domestic abuse. Local authorities should deal sympathetically with applications from people who are in fear of violence. You can ask for a private interview, with someone of the same sex, and can take a friend with you for support. The local authority may have a duty to provide emergency accommodation for you while it decides whether you are legally homeless.
If it is outside of normal office hours, you should telephone the local authority’s emergency out-of-hours number for help with emergency housing.
Check if you can apply.
What is the longest you can get for domestic violence?
The prison sentence for a domestic violence charge can include more than a year in state prison. Depending on the individual situation, a sentence for a felony conviction can include up to 10 years or more in prison.