Expert Attorney Reveals Hidden Domestic Violence Charge Types
Domestic violence isn't only physical, explains San Jose criminal defense attorney Stuart Kirchick. Threatening to harm or kill a partner—spouse, cohabitant, or dating, same-sex or heterosexual—can bring a serious 'criminal threats' charge under Penal Code 422, with no touching required. A mere argument isn't prosecutable DV, and emotional abuse, while real, generally isn't charged either.
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Answered by Stuart Kirchick · San Jose, CA
Highlights
— how a threat to harm a partner counts as domestic violence
Frequently Asked Questions
Is domestic violence only physical?
No—threatening to harm or kill a partner can bring a serious 'criminal threats' charge under Penal Code 422, with no touching required.
Is a mere argument prosecutable?
No—a simple argument isn't prosecutable domestic violence, and emotional abuse, while real, generally isn't charged either.
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