Are Visible Injuries Required for Domestic Violence Charges?
Sometimes a simple argument can escalate into something much more heated that may result in a call to police. In most domestic violence disputes, police officers act quickly due to concerns of safety, even when there is no evidence of physical marks on the body. It is true that people can be charged with domestic violence even in the absence of physical evidence or injuries. Below, our San Diego domestic violence defense lawyer explains in greater detail.
What is Domestic Violence in California?
In California, domestic violence refers to any threatening or harmful act that occurs within an intimate relationship. The law does not require physical marks or bruises to warrant an arrest. Often in these instances, police act on the belief that disrupting a conflict early can prevent further harm from occurring. Many people are unaware that domestic violence charges can result from fear, words, and actions, not only physical violence.
Although physical injuries are not required for police to make an arrest, they must still have probable cause that domestic violence occurred, even without physical evidence. Police officers often rely on what they see or hear from the parties involved and witnesses. They may make an arrest based on claims of psychological abuse, emotional abuse, or other abusive actions.
It is also important to note that the California Penal Code defines domestic battery as any unwanted touching against a partner, spouse, parent, or cohabitant. Physical injuries are not required under this definition. Even minor contact, such as a minor push, can be considered domestic violence if the alleged victim claims it was not wanted.
In addition to preventing further harm, police may also make an arrest without physical injuries because certain injuries take time to appear. For example, bruises can often take hours or even days to fully appear. Some injuries may also be hidden by clothing or hair, so officers may still make an arrest without observing physical injuries.
What Evidence Can Police Use Instead of Physical Injuries?
Although physical injuries are not necessary for police to make an arrest for domestic violence, they will still rely on other evidence. This may include:
- Witness statements from people at the scene who describe what they heard or saw
- Property damage, such as broken personal belongings that may show signs of a struggle
- The fear, tone, and words from a 911 call
- Strong fear or emotional distress displayed by the alleged victim
- Demeanor and body language
How Our Domestic Violence Defense Lawyer in San Diego Can Help
While police may still make an arrest without physical injuries, it is important to remember that the situation is not hopeless. At Anthony Z. Vargas, Esq., our San Diego domestic violence defense lawyer can challenge the evidence presented and build a strong defense that helps you beat or reduce the charges and will ensure your rights are protected at all times. Call us today at 858-285-4595 or fill out our online form to schedule a consultation with our experienced attorney and to get the legal representation you need.
Source:
selfhelp.courts.ca.gov/DV-restraining-order
