Expert Attorney Reveals Hidden Domestic Violence Charge Types
Video Transcript
Domestic violence charges include physical abuse plus threats to harm or kill, which can trigger a DV case even without an assault. In San Jose, these allegations can apply to spouses, cohabitants, or dating partners in heterosexual or same-sex relationships. This article explains lesser-known DV charge types and how they’re prosecuted.
Ray Hrdlicka – Host – Attorneys.Media
“Everybody thinks it’s the violent behavior, the physical assault. But domestic violence actually is more than that, isn’t it?”
Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
“Sure. If you threaten to harm or threaten to kill someone. If you say, you know, if…you’re, you’re with your domestic partner, whether you’re married, unmarried but living together, or girlfriend by any kind of relationship, same sex or heterosexual relationship it applies to…and you threaten to harm them, threaten to kill them, you can be charged with a 422 threats case, which is real serious, and you’re not touching the person. So, that’s one thing that comes to mind. Anything short of a serious threat, just an argument, is not domestic violence in the courtroom, but it’s surely… emotional abuse is a form of domestic violence. That’s not necessarily prosecutable though.”