Video – Attorney Darryl Stallworth Explains How Non-Physical Abuse Is Also Domestic Violence And Can Get You Arrested

Ray Hrdlicka – Host – Attorneys.Media

You just made a mention about domestic violence.  And on your website, you delineate between physical abuse and non-physical abuse.  Now, that’s an interesting phrase right there.  The non-physical abuse.  Can you explain that a little bit?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

It’s the verbal threats of violence.  You can’t threaten your domestic partner with trying to kill them.  You can’t brandish a weapon or a gun, because that’s also domestic abuse.  So, you don’t have to physically punch someone or throw them down the stairs.  But if you create an environment in which they feel like their life is threatened by the words that you say and the things that you’re doing, then you will be arrested, and you would be charged.

Ray Hrdlicka – Host – Attorneys.Media

Now, is it domestic violence, or is it criminal threats or something like that?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

Under the umbrella of the things that you can do with someone that you’re dating or that you’re married to, those would be two charges… brandishing a weapon and domestic abuse.

Ray Hrdlicka – Host – Attorneys.Media

Ok.  Well, given today’s society and anger and what you see on the news, I suspect that’s being charged a lot.

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

Yeah, you are probably a little bit around my age, where there was a time when an officer could come to a domestic situation, have a conversation, invite them to go get a hotel room or have somebody pick them up and get on with your life.  No, that doesn’t happen anymore because of the liability.  If you don’t address it, if someone doesn’t get arrested, and then something happens, that’s on the police department.  You get a call that there’s a domestic issue… somebody… 90% of the time is going to jail.