Types of Domestic Violence

Edward N. Ajlouny
San Jose Spousal Abuse Defense Lawyer

The term "domestic violence" is used to describe a range of behaviors that are considered to be aggressive and controlling in an intimate adult relationship. This relationship may involve:

A current or former spouse
Parents of a child in common
Unmarried persons of different genders living as partners
Unmarried persons of the same sex living as partners
Dating relationships
Persons offering refuge

Psychological, Physical, and Verbal Abuse

The types of behavior that are associated with spousal abuse or domestic violence include:

Cyber stalking. Repeated and unwelcome e-mail communication causing significant emotional distress.
Physical stalking. Shadowing or following a person, making repeated and unwelcome phone calls, leaving repeated and unwelcome messages.
Psychological abuse. Repeated insults or interrogation, attempting to control or otherwise limit another person's actions, deliberate humiliation, and attacks on self-esteem.
Coerced sexual acts. Unwanted intercourse, fondling, and sexual insults and jokes.
Other physical violence. Slapping, punching, hair pulling, shoving, and beating.
Violent language. Threatening to kill or cause physical harm to the other person.

Misdemeanor Domestic Violence

The difference between misdemeanor and felony spousal abuse or domestic violence is determined by the extent of injury. When someone is arrested for domestic violence in California, he or she is usually booked on a felony charge. In many cases, I have been able to get the felony charge reduced to a misdemeanor due to my knowledge in this area of the law and my ability to get at the truth of what really happened.

Under section PC243(e) of the California Penal Code, a person can be charged with misdemeanor domestic battery for any application of force, even if it causes no visible injury. It could be a push, slap, punch, pinch, or twisting of an arm or hair. For non-U.S. citizens, this charge is not considered a crime of violence for immigration purposes, but it can delay the naturalization process.

I have access to immigration specialists who can help find solutions to my clients' particular immigration needs.

Felony Domestic Violence

Under section 273.5 of the California Penal Code, a person can be charged with felony (or misdemeanor) domestic violence when there is some visible injury to the skin such as a bruise, cut, red mark, or other visible trauma. A felony charge is more likely when there are head injuries, or other significant application of force leading to more severe injury. For non-U.S. citizens, this is considered a crime of violence for immigration purposes and could lead to deportation or denial of naturalization.

Contact the Law Office of Edward Ajlouny Today

If you are under investigation or facing charges for spousal abuse or domestic violence, contact a skilled domestic violence defense lawyer who is on your side and knows how to help you through the system. E-mail or call the law office of Edward Ajlouny today.

Edward N. Ajlouny
Attorney at Law
111 West St. John Street, Suite 555
San Jose, CA 95113
(408) 297-6425
(408) 298-4551 fax
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