Definition of a Traumatic Condition for a Domestic Violence Case

02 August 2014

Orange County Domestic Violence Lawyer

There are several types of domestic violence charges.  The most common charge is PC 273.5 – Corporal injury on a spouse.  This domestic violence charge is committed when a person inflicts a physical injury on a spouse and the injury inflicted resulted in a traumatic condition.

In order to have a successful defense, you must understand what is considered a “traumatic condition.”

A traumatic condition is the result of an injury if

  1. The traumatic condition was the natural and probable consequence of the injury;
  2. The injury was a direct and substantial factor in causing the condition; AND
  3. The condition would not have happened without the injury.

A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.

A substantial factor is more than a trivial or remote factor.  However, it does not need to be the only factor that resulted in the traumatic condition.

If you were arrested for domestic violence, consult with an experienced Orange County Domestic Violence attorney.  At the Law Offices of Nam Q. Doan | OC Legal Defense, I can help you fight your case and keep you out of jail.  Call today at (714) 248-DOAN (3626) or visit www.OCLegalDefense.com and read the Domestic Violence section for more information.

 

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