Required Relationship for Domestic Violence
What is the Required Relationship for Domestic Violence?
And what if Defendant does Not Have the Required Relationship for Domestic Violence with the Alleged Domestic Violence Victim?
In some domestic violence cases, it may be a viable defense to argue that the defendant does not have the required domestic relationship with the alleged victim. This argument is not available for a case involving a spouse, former spouse, fiancée or former fiancée. However, if the prosecution relies on the “cohabitant” or “dating relationship” terms in order to satisfy the domestic relationship element, the definition of these terms may be important. The domestic violence jury instructions define these terms as follows:
“The term “cohabitants” means two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that may determine whether people are cohabiting include, but are not limited to,
(1) sexual relations between the parties while sharing the same residence,
(2) sharing of income or expenses,
(3) joint use or ownership of property,
(4) the parties’ holding themselves out as spouses or domestic partners,
(5) the continuity of the relationship, and
(6) the length of the relationship.
A person may cohabit simultaneously with two or more people at different locations, during the same time frame, if he or she maintains substantial ongoing relationships with each person and lives with each person for significant periods.
The term dating relationship means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.”
See Judicial Council of California, Criminal Jury Instructions CALCRIM 2021, Instruction 840, https://www.courts.ca.gov/partners/documents/calcrim-2021.pdf
A “one-night stand” relationship or prostitution arrangement will likely not satisfy the requisite relationship to be subject to a domestic violence charge. Any time a defendant unlawfully harms another person, the prosecutor can likely file some type of criminal charge, but unless the prosecutor can prove that the defendant and victim shared one of the required relationships, the defendant is not guilty of domestic violence.
Aggressive Domestic Violence Defense
David Canty is one of the best Domestic Violence Lawyers in Southern California. With over 19 years of experience as an aggressive advocate, he fights tirelessly to achieve the best results for his clients.
David Canty specializes in criminal defense, so he is not intimidated by prosecutors. He is very passionate about defending people’s rights.
If you are under investigation or accused of a domestic violence, you will need an experienced criminal defense attorney that will aggressively work to protect your rights and freedom. David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.
To schedule your free initial consultation, please fill out this quick online form.
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Required Relationship for Domestic Violence
The Defendant does Not Have the Required Relationship for Domestic Violence with the Alleged Domestic Violence Victim
In some domestic violence cases, it may be a viable defense to argue that the defendant does not have the required domestic relationship with the alleged victim. This argument is not available for a case involving a spouse, former spouse, fiancée or former fiancée. However, if the prosecution relies on the “cohabitant” or “dating relationship” terms in order to satisfy the domestic relationship element, the definition of these terms may be important. The domestic violence jury instructions define these terms as follows:
“The term “cohabitants” means two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that may determine whether people are cohabiting include, but are not limited to,
(1) sexual relations between the parties while sharing the same residence,
(2) sharing of income or expenses,
(3) joint use or ownership of property,
(4) the parties’ holding themselves out as spouses or domestic partners,
(5) the continuity of the relationship, and
(6) the length of the relationship.
A person may cohabit simultaneously with two or more people at different locations, during the same time frame, if he or she maintains substantial ongoing relationships with each person and lives with each person for significant periods.
The term dating relationship means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.”
See Judicial Council of California, Criminal Jury Instructions CALCRIM 2021, Instruction 840, https://www.courts.ca.gov/partners/documents/calcrim-2021.pdf
A “one-night stand” relationship or prostitution arrangement will likely not satisfy the requisite relationship to be subject to a domestic violence charge. Any time a defendant unlawfully harms another person, the prosecutor can likely file some type of criminal charge, but unless the prosecutor can prove that the defendant and victim shared one of the required relationships, the defendant is not guilty of domestic violence.
Aggressive Domestic Violence Defense
David Canty is one of the best Domestic Violence Lawyers in Southern California. With over 19 years of experience as an aggressive advocate, he fights tirelessly to achieve the best results for his clients.
David Canty specializes in criminal defense, so he is not intimidated by prosecutors. He is very passionate about defending people’s rights.
If you are under investigation or accused of a domestic violence, you will need an experienced criminal defense attorney that will aggressively work to protect your rights and freedom. David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.
To schedule your free initial consultation, please fill out this quick online form.
HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
