California Domestic Violence
What is domestic violence in California?
- Under California Penal Code Section 273.5, domestic violence is defined as “corporal injury resulting in a traumatic condition” inflicted upon a current/former spouse, current/former cohabitant, or the mother/father of the alleged perpetrator’s child/children.
- Basically, California Penal Code Section 273.5 defines domestic violence as the infliction of corporal injury on an individual with whom the alleged perpetrator has a past or current domestic relationship.
- Corporal injury means the “willful use of violent force.” This means that the defendant must consciously use violent force against the alleged victim.
- Also, the “corporal injury” must result in a “traumatic condition.” This means that the alleged victim must have some type of visible injury on their body as evidence of the corporal injury: “a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.”
- Such an injury could be as simple as a bruise or scratch, or a serious injury such as a broken bone, or life threatening conditions such as head injuries or internal trauma.
- Additionally, California Penal Code Section 273.5 (e)(1) does not require a visible injury, meaning domestic violence charges can still be brought even if the alleged victim has no visible injury.
- If the alleged victim suffers a very serious injury, however, charges can be brought along with a “great bodily injury” enhancement. This makes any sentence the defendant may receive much more serious, and increases jail or prison time.
- If an individual is involved in repeated incidents of domestic violence, a protective order will often be involved.
- A protective order is a court order that restricts an individual’s whereabouts or behavior. That is, an individual may no longer be able to visit or have any contact whatsoever with their spouse or children if a protective order is in effect.
- Under California Penal Code Section 273.6, any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof can file for a restraining order against the individual who perpetrated the domestic abuse.
- An emergency protective order can take place almost immediately, within 5 business days or 7 calendar days of filing.
- Protective orders can stay in place for up to three years. In some cases, permanent protective orders may be granted.
- Violations of protective orders can lead to fines of up to $2,000 and sentences of up to a year in jail for repeat offenders, in addition to any criminal penalties that may flow from a domestic violence charge.
- In most allegations of domestic violence, an altercation or argument takes place at the alleged victim or defendant’s home. The police are called as a result of this argument.
- The police officers will speak to the alleged victim or defendant, and they will take photographs of any injuries or damage that has resulted from the altercation.
- These photographs will then be used in court as evidence of domestic violence.
- Often as part of a domestic violence case, protective orders will be issued so that the perpetrator is forbidden from having future contact with the victim.
- Domestic violence is a felony offense, and can result in fines and lengthy jail time, especially for repeat offenders.
- Jail time for first-time offenders can vary from 1-4 years in state prison, with fines of up to $6,000.
- Domestic violence charges and/or convictions will likely include protective orders, that will restrict your ability to see your partner or family.
- The criminal record that accompanies an assault and battery charge also may make it difficult for you to seek employment, and will influence any future interactions with the criminal justice system.
- Some common defenses to a California domestic violence charge include self-defense, accident and false accusations.
- Often in heated domestic arguments, both individuals may be physically participating. An individual might throw up an arm to stop a blow by their spouse but inadvertently strike at their spouse. Or an individual might be forced to strike their spouse in order to protect himself or herself from a similar attack. Self-defense can often be a very effective defense to a domestic violence charge.
- In these types of physical altercations, accidents are also common. An individual may grab their boyfriend/girlfriend’s arm in an argument, and cause injury without attempting to do so. Without the proper intent, the requirements of a domestic violence charge cannot be met.
- Sadly, false accusations are also common if two individuals are involved in a heated argument. For example, if a girlfriend suspects her boyfriend of cheating, she may create a loud argument and report him to the police as an abuser in order to “teach him a lesson.”
- Domestic violence is a violent crime that has serious criminal justice consequences.
- Don’t risk it! If you, a family member, or friend is facing a domestic violence charge, it is best to contact a criminal defense attorney. .
- For the best domestic violence defense in Los Angeles, contact The Law Offices of Erik S. Lewin.
