The Severe Consequences Of Domestic Violence

The fact that domestic violence causes physical injuries,
dysfunctional families, and broken relationships is well
known.  However, unless you have been paying close
attention to the legal developments related to this topic,
you are probably unaware that there has been a radical
change in the way our legal system deals with domestic
violence.

Ever since our society's attitude toward domestic violence
began to change, numerous laws have been enacted every year
that specifically address domestic violence within our
state and our federal statutes.  As a result, the
consequences of committing or being accused of committing
domestic violence are also growing.  The following list
illustrates some of the severe consequences associated with
domestic violence cases:

1) Enhanced jail or prison time, fines, the completion of a
fifty-two week batterer's treatment class, and the issuance
of a criminal protective order.

Our criminal justice system now deals with domestic
violence as a unique offense.  Domestic violence is no
longer treated as a simple battery.  Consequently, our
system imposes enhanced and specialized sentences for these
offenses.

2) The loss of employment opportunities.

One of the most serious consequences of domestic violence
is the stigma that is attached to these crimes.  With a
conviction of domestic violence on one's record, it can be
very difficult to obtain employment in certain types of
occupations, especially jobs within government.

3) The denial or revocation of a state license to engage in
a particular type of business.

An allegation of having committed domestic violence can
also make it difficult for a person to obtain or maintain a
state issued license, such as a license to sell real estate
or a license to work in or operate a care facility.

4) The issuance of a criminal and/or family law restraining
order.

Restraining orders are issued by criminal and family courts
routinely where there are allegations of domestic violence.
 An obvious consequence to these orders is the loss of
liberty, to the extent the order forbids the restrained
party from going to certain locations.

5) The loss of the right to possess firearms.

When a restraining order is issued, it is automatic that
the offender shall be restrained from owning or possessing
a firearm.  This restriction is particularly burdensome to
people with occupations that require the possession of
handguns.

6) The loss of immigration status.

A conviction for domestic violence can result in the loss
of a person's immigration status.  This loss of immigration
status will occur, even if a person convinces the court to
allow him or her to withdraw a plea of guilty upon
successful completion of an anger management program.

7) An increase in the amount of spousal support paid.

The occurrence of domestic violence in a relationship is
one of many factors the court must consider when ordering
spousal support.  Consequently, a perpetrator of domestic
violence is more likely to be ordered to pay additional
spousal support.

8) The loss of the right to collect spousal support.

In California, a person who is found to have committed
domestic violence may lose his or her opportunity to
collect spousal support.

9) The loss of child custody or visitation rights.

A major factor the court must consider in determining
custody and visitation rights is whether or not there has
been domestic violence within the relationship.  Courts are
particularly sensitive to this issue when considering the
best interests of the minor children.

10) An automatic extension to a foreign spouse and his or
her children to remain within the country and an increased
obligation to support them.

In cases where foreign spouses make allegations of domestic
violence against their spouses who are sponsoring them, the
foreign spouse will be granted an automatic extension to
his or her right to remain within our country.  When this
happens, the sponsored spouse's obligation to support the
foreign spouse and his or her children is also extended.

11) A civil lawsuit by the victim spouse.

Victims of domestic violence can file civil suit against
their abusers.  These lawsuits can result in awards of
large compensatory and punitive damages.

12) An unequal division of property.

California law authorizes family law courts to award a
spouse the other spouse's interest in community property as
payment for any damages awarded to the victim spouse
pursuant to a civil lawsuit judgment.

13) A crime of moral turpitude.

Domestic violence is considered a crime of moral turpitude.
 Consequently, when a person has a conviction for domestic
violence on his or her record, his or her credibility can
be called into question when testifying.

As one can see, the price paid for committing domestic
violence, or in some cases, merely being accused of it, can
be quite severe. How these consequences can affect personal
relationships has yet to be seen.


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Donald P. Schweitzer, Law Offices of Donald P. Schweitzer,
201 South Lake Avenue, Suite 700, Pasadena, California
91101, (626) 683-8113
http://www.PasadenaDomesticViolence.com
Mr. Schweitzer is a attorney, who specializes in domestic
violence cases. He is a former police officer, and Deputy
District Attorney.