At Kannan Law, we work hard to evaluate clients’ cases to determine if defenses exist. The most common of these include arguing that it was an accident by showing that the injuries were not the result of the defendant’s actions, self-defense, and false victim’s accusation.

To give you a better understanding of the domestic violence laws in California, we proceed to explain the following:

Definition of “domestic violence” in the state of California

The legal definition of domestic violence in California is given under Penal Code 13700, which defines it as abuse committed against an intimate partner. People commit “abuse” when they intentionally use or threaten to use physical force against their romantic partners.

Who is considered a victim of domestic violence under California law?

Domestic violence laws in California state that this crime is carried out against an “intimate partner.” An intimate partner is defined as:

• Spouse (current or former)
• Registered domestic partner (current and former)
• Fiance (current or former)
• Resident romantic partner (current or past)
• Someone with whom the defendant has had children
• Person the accused has been dating seriously or has dated in the past

Believe it or not, the list of people who may be potential victims of domestic violence is longer, as defined by the California Family Code. In addition to intimate partners, the following may also be victims of domestic violence:

• Brothers or sisters
• Half brothers
• Grandparents
• Grandchildren
• Uncles and aunts
• Nieces and nephews

Common Domestic Violence Crimes and Penalties in California

Types of domestic violence that are common in the State of California include abuse, threats, assault, and neglect. Some of these may be misdemeanors, while others may be felonies.

However, the most common form of domestic violence in California is the “wobbler” offense, which is a crime that can be prosecuted as a felony or misdemeanor. This largely depends:

• Of the circumstances under which the crime was committed
• The degree of severity of the injuries suffered by the alleged victim
• Whether or not the defendant has a criminal record

Below are some of the forms of domestic violence that are common in California:

Penal Code 273.5 (bodily injury to a spouse or inhabitant)

It is illegal, according to Penal Code 273.5, to inflict even the slightest form of physical injury on a partner. Penal Code 273.5 presents it as a misdemeanor or a serious crime, with possible penalties for first-time offenders ranging from one year to 4 years in prison.

Penal Code 243 (e) (1) domestic violence

Meanwhile, Penal Code 243 (e) (1) states that the domestic violence law in the State of California makes it a misdemeanor to inflict violence on an intimate partner. The difference with Penal Code 243.5 is that the domestic violence law does not require the existence of a visible injury. The punishment for domestic violence can be a fine of $2,000 or a year in jail.

Penal Code 273d child abuse

Penal Code 273d is California’s “child abuse” law. Note that it is a criminal offense to carry out corporal punishment or cause injury to a child; cruel Punishments and cause injury are considered child abuse. Additionally, it states that first-time child abuse offenders can receive up to one year in a county jail, or three years in state prison.

Penal Code 273a, danger to children

Child endangerment laws in California are defined in Penal Code 273a. This makes it an offense to allow children in your care to be harmed, endangering both their health and safety.

Common examples:

• Mothers who allow their boyfriends to hit their young children.
• Parents who operate dangerous drug labs in homes where children are raised.
• The crime is a wobble (it can be a felony or a misdemeanor), if there is a risk that great bodily harm will be inflicted on the child. Otherwise, child endangerment is considered a misdemeanor and is punishable by up to 6 months in prison.

Penal Code 270, child neglect/failure to provide care

Child neglect falls under Penal Code 270 in California. This makes it a crime for parents to fail to voluntarily provide medical care, food, and shelter to their minor children. Child neglect is treated as a misdemeanor, which can be punished by a fine of up to $2,000 or a year in county jail.

Penal Code 368, elder abuse

Elder abuse in California is covered by Penal Code 368. This makes it a “wobbler” offense to harm anyone over the age of 65 in any of the following ways:

• Negligence
• Physical abuse
• emotional abuse
• Endanger
• Financial fraud

When treated as a misdemeanor, elder abuse can result in up to a year in jail. When treated as a felony, penalties can increase to four years in state prison.

Penal Code 422, criminal threats

Penal Code 422 covers criminal threats in the State of California. Threatening to cause harm to someone is a criminal offense; it is another wobbler offense, meaning it can be charged as a felony or a misdemeanor. A misdemeanor can attract up to one year in jail, while a felony can have potential penalties increased to up to four years in prison. On top of that, a felony conviction in this regard counts as a strike under the state’s 3-strikes law.

Penal Code 646.9, stalking

Stalking is covered by Penal Code 646.9 in California. The state’s stalking law makes it an offense to harass or threaten someone to the point where that person fears for their safety or the safety of their family.

Stalking can be a felony or a misdemeanor. This all depends on the defendant’s criminal history. If it is considered a minor crime, it must be punished with one year in prison, while if it is a significant crime, the punishment extends up to three years in jail.

Penal Code 591, damaging a telephone line

This makes it a crime for someone to cut or damage a telephone line. It is also an offense to damage telephone equipment. An example of this would be domestic abuse where the victim is prevented from using their phone to make calls.

Penal Code 591 can be a felony or a misdemeanor in California. If it is a serious crime, the defendant must pay up to $10,000 in fines or up to three years in prison.

Penal Code 601, which deals with aggravated invasion

Penal Code 601 deals with aggravated trespassing in the state of California. People commit PC 601 when they make criminal threats, and within 30 days after the threats are made, they enter the victim’s workplace or home to carry out the threat.

In California, aggrieved trespassing can be a felony or a misdemeanor. When considered a serious crime, the punishment can be up to three years in prison.

Penal Code 647 (j) (4), revenge porn

Revenge porn is considered a form of “cyberbullying” in California. It occurs when one person intentionally shares sexually explicit photos of another to cause emotional distress to the victim. This can be, for example, an ex-wife, husband, girlfriend, or boyfriend. The punishment for revenge porn can be a fine of up to one thousand dollars or up to one year in county jail.

Penal Code 653.2, which covers the publication of harmful information on the Internet

This is a relatively new offense that is considered a misdemeanor. This offense is also known as “indirect electronic harassment”. It covers the posting or emailing of information that may be harmful to someone to cause harm to that person.

In most cases, PC 653.2 is used when an individual spreads information over the Internet to punish someone in a domestic dispute. The punishment for posting harmful information online can be up to one year in prison or a fine of up to $1,000.

Other consequences of being convicted of domestic violence in California

Convictions for abuse or assault often have far-reaching consequences that go beyond being sent to jail or fined.

What is the minimum mandatory jail time for domestic abuse?

Most California counties make it mandatory for people who have been convicted of domestic violence to serve a minimum of one month in jail. This applies if the charge is considered a misdemeanor.

Restitution and the Domestic Violence Fund

Those guilty of domestic violence can be ordered to make restitution to the victim. This may include:

• Pay the victim’s medical bills.
• Cancel the victim’s mental health counseling.
• Restitution for lost wages.
• Pay for any property damage.

Those found guilty of domestic violence in California must also pay $500 to fund programs related to this crime in the state.

Being ordered to participate in a “bully program.”

In the state of California, convicted offenders are typically ordered to attend a counseling program for one year. This applies even when the conviction is for a lesser charge.

A permanent criminal record

The most difficult part of being convicted of domestic violence in California is that the defendant obtains a permanent criminal record. This shows up every time a background check is performed, making it difficult for people to obtain housing and other benefits such as employment.

Loss of custody

Another significant negative effect of being convicted of domestic violence in California is the inability to obtain custody of any minor. However, visitation rights can be obtained.

One thing we have to explain here is that when it comes to custody, a conviction does not need to have been issued for a judge to determine that domestic violence occurred. However, a conviction will be considered irrefutable evidence if one of the parents was prosecuted in the previous five years.

Lose gun rights

Once you have been convicted of domestic violence in the State of California, you lose the right to possess firearms and there is no way to regain it once the punishment is served.

After a misdemeanor conviction

California Penal Code 29805 provides a 10-year ban on firearms for most domestic violence convictions. However, when the offense qualifies, under federal law, as a misdemeanor domestic violence offense, the bar is lifelong.

After a felony conviction

In California, Penal Code 29800 covers felons who commit crimes using firearms. Those found guilty in any state or country get lifetime bans. What this means is that both federal and California laws prohibit anyone who has been convicted of domestic violence as a felony from possessing a firearm.

Can a pardon or expungement restore your firearm rights following a domestic violence conviction?

After a domestic violence conviction, the firearms ban is for life, according to federal law. The only way to avoid this is through a presidential pardon. Although the president rarely issues such pardons. If you wish to apply for a presidential pardon, check with the Department of Justice for more information.

Having restraining orders issued against you

Domestic violence victims can, under California law, apply for emergency restraining orders. These are also known as protective orders. A domestic violence restraining order can be obtained in both criminal court and civil court.

Protective orders do not require physical harm

Alleged victims of domestic violence do not have to show evidence that they suffered physical harm to obtain restraining orders in the state of California. All they need to do is prove that:

• Someone has abused or is threatening to abuse both them and their minor children.
• The defendant is an intimate partner or close relative.

What happens when a protective or restraining order is violated?

Violating a protective order or restraining order is considered a crime in California. Generally, it is considered a misdemeanor, as long as the victim has not suffered any harm. To defend yourself against a charge of violating a protective order, you can argue that:

• The restraining order was not legally issued.
• You were not aware of the existence of the protective order.
• You did not intentionally violate the restraining order.
• You were falsely accused of violating the protective order.

Negative Immigration Consequences

Under US immigration law, depending on the criminal code charged and the resolution of the domestic violence case, non-citizens may suffer negative immigration consequences, including deportation from the US, becoming inadmissible, ineligible to apply for a Green Card, or inability to adjust status.

If you are in removal proceedings, the outcome of the domestic violence case may impact what the client can request in immigration court, including but not limited to cancellation of removal.

Therefore, a non-citizen should consult with an experienced criminal defense attorney as well as an immigration attorney at the time he or she is charged and awaiting a pending court date.

Here at Kannan Law, we are experienced in both areas of the law and can best advise non-citizen clients on how to proceed with their cases to best protect their immigration status.

An experienced attorney can negotiate a plea agreement on your behalf that will help you navigate the negative immigration consequences, should you be convicted of domestic violence.

Two of the misdemeanors used in domestic violence cases are:

• Penal Code 602, which deals with intrusion
• Penal Code 415, on disturbing the peace

Several advantages come from pleading guilty to these lesser charges:

• Retain your right to keep and bear arms legally
• You are not automatically disqualified from obtaining custody of your children.
• You do not have to face deportation and inadmissibility if you are not a citizen.

Pretrial Diversion

Another strategy you can use to defend yourself after a domestic violence accusation is to try to obtain a pretrial diversion and defer entry into the trial. The good thing about a pretrial diversion is that upon completing the offender program, all charges are dropped, and the case is over for all practical purposes.

Whether or not you are eligible for such a program depends mainly on the nature of the charges you face and your criminal history.

Why Should You Hire a Domestic Violence Lawyer?

Domestic violence is considered a serious crime, capable of bringing severe consequences in the legal field, since whoever is convicted of this crime could experience various punishments ranging from sentences of several years in prison, loss of child custody rights or weapons, employment, or housing difficulties up to deportation.

For this reason, it is essential to hire a lawyer specializing in domestic violence. This professional will be able to help you successfully overcome any dispute that may arise. Need help? Contact us immediately. The professionals at Kannan Law are here to help you at all times.

-Prison

-Minimum time in jail

-Participation in a program for offenders

-Fines

-Restitution to the victim

-Restraining orders

-Loss of custody of children

-Loss of the right to own weapons in California

-Permanent criminal record

Non-citizens who are deported or deemed inadmissible into the country may face negative immigration consequences, such as deportation, inadmissibility, ineligibility to apply for a Green Card, or the inability to adjust their status. It is crucial to consult with both an experienced criminal defense attorney and an immigration attorney to protect your immigration status.

Domestic violence is a serious crime with severe legal consequences. A domestic violence attorney can help you deal with any legal disputes that may arise and protect your rights. If you need help, be sure to contact us immediately. The professionals at Kannan Law are here to help you at all times.