Domestic Violence Cases
Call Us (619) 746-8879
Domestic violence laws in California make it a criminal offense to threaten an intimate partner with harm. Penal Code 273.5, “inflicting injury on an intimate partner,” and Penal Code 243(e)(1), “domestic battery,” are the most common domestic violence crimes committed in the state of California.
The unfortunate thing, however, is that in many cases, innocent people are wrongfully accused under California domestic violence laws.
Domestic violence crimes tend to have the most devastating circumstances.
What are the consequences of domestic violence convictions in the state of California?
There are many consequences that follow from being convicted of domestic violence in California. These include:
- Prison
- Minimum Jail Time
- Having to participate in a “molester” program
- fines
- Restitution to the victim.
- restraining orders
- Losing custody of children
- Losing the right to own guns in California
- A permanent criminal record
For people who are not US citizens, who are deported or found inadmissible into the country, what fees apply?
Keep in mind that domestic violence cases in California can be treated as a felony or a misdemeanor.
How to defend yourself against domestic violence charges in California.
At the Law Offices of Alex Amar Kannan, we work hard to carefully evaluate our clients’ cases to determine if any defenses exist. Common defenses include arguing that it was an accident, showing that the injuries were not the result of the defendant’s actions, self-defense, and false accusation of the victim.
In the event that all our client needs our help, we will make sure that you get treatment instead of going to jail. To give you a better understanding of California domestic violence laws, see the following:
1. The definition of “domestic violence” in the state of California
2. Who is considered a victim of domestic violence under California law?
2.1. Regarding California Domestic Violence Criminal Laws
2.2 When it comes to custody disputes
3. Common Domestic Violence Crimes and Penalties in California
3.1. Penal Code 273.5 (bodily injury to a spouse or occupant)
3.2. Penal Code 243(e)(1) covering domestic violence
3.3. Penal Code 273d dealing with child abuse
3.4. Penal Code 273a, regarding danger to children
3.5. Penal Code 270, which covers child neglect/failure to provide care
3.6. Penal Code 368, regarding abuse of the elderly
3.7. Penal Code 422, which deals with criminal threats
3.8. Penal Code 646.9, regarding stalking
3.9. Penal Code 591, about damaging a telephone line
3.10. Penal Code 601, which deals with invasion with aggravated circumstances
3.11. Penal Code 647(j)(4), which covers revenge porn
3.12. Penal Code 653.2, which covers posting harmful information on the Internet
4. Under what circumstances do defendants in domestic violence cases get probation instead of going to jail?
5. Other consequences of being convicted of domestic violence in California
5.1. Mandatory Minimum Jail Time for Domestic Violence
5.2. Restitution and the Domestic Violence Fund
5.3. Being ordered to participate in a “batterer program”
5.4. A permanent criminal record
5.5. loss of custody
5.6. lose gun rights
5.6.1. After a misdemeanor conviction
5.6.2. On the back of a felony conviction
5.6.3. Can a pardon or expungement restore your firearm rights following a domestic violence conviction?
5.7. Have restraining orders issued against you
5.8. negative consequences of immigration
6. How to defend yourself against California domestic violence charges
6.1. Legal Defense Strategies
6.2. plea negotiations
6.3. Pretrial Diversion
The 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 intimate partners.
Who is considered a victim of domestic violence under California law?
Regarding California Domestic Violence Criminal Laws
Domestic violence laws in California state that domestic violence is carried out against an “intimate partner.” An intimate partner is defined as:
A spouse (current of ex)
A registered domestic partner (current and former)
A fiancé (current or former)
A resident romantic partner (current or past)
Someone with whom the defendant has had children
Someone the defendant has been dating seriously or has dated in the past.
custody disputes
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:
Siblings (brothers and sisters)
Half brothers
step brothers
Grandparents
Grandchildren
Uncles and aunts
Nieces and nephews
Common Domestic Violence Crimes and Penalties in California
The 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 either a felony or a misdemeanor. This largely depends on:
- Of the circumstances under which the crime was committed.
- The degree of seriousness of the injuries suffered by the alleged victim
- Whether or not the defendant has a criminal record
Below we address some of the forms of domestic violence that are common in California.
Penal Code 273.5 (bodily injury to a spouse or occupant)
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 can be filed as a misdemeanor or as a felony, with possible penalties for first-time offenders ranging from one year to 4 years in jail.
Penal Code 243(e)(1) covering domestic violence
Meanwhile, Penal Code 243(e)(1), the domestic violence law in the State of California, makes it a misdemeanor to inflict violence or 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 up to $2000 and/or up to one year in jail.
Penal Code 273d dealing with child abuse
Penal Code 273d is California’s “child abuse” law. It is a criminal offense to carry out corporal punishment or to cause injury to a child. The law excludes reasonable spanking, but punishments that are cruel and cause injury are considered child abuse. First-time child abuse offenders can receive up to one year in county jail, or 3 years in state prison.
Penal Code 273a, regarding the 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:
- they get hurt
- To put your health and safety at risk
common examples
- Mothers who allow their boyfriends to hit their young children.
Parents operating dangerous drug labs in homes where children are raised. - The offense is a wobbler (can be a felony or misdemeanor), if there is a risk of great bodily harm being inflicted on the child. Otherwise, endangerment to children is considered a misdemeanor and is punishable by up to 6 months in prison.
Penal Code 270, which covers child neglect/failure to provide care
Child neglect falls under Penal Code 270 in California. This makes it a crime for parents not to voluntarily provide for their minor children (such as medical care, food, and shelter). Child neglect is treated as a misdemeanor, which can be punished by a fine of up to $2,000 and/or one year in jail in the county.
Penal Code 368, regarding abuse of the elderly
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, the penalties can increase up to four years in state prison.
Penal Code 422, which deals with criminal threats
Penal Code 422 covers the subject of criminal threats in the State of California. It is a criminal offense to threaten to harm someone. This is another wobbler offense, which means it can be charged as a felony or as a misdemeanor. As a misdemeanor, it can attract up to a year in jail, while as a felony, the potential penalties increase to up to four years in prison. On top of that, a felony conviction in this sense counts as a strike under state 3 strikes law.
Penal Code 646.9, regarding stalking
Stalking is covered by Penal Code 646.9 in California. State 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. The punishment for misdemeanor stalking can be up to one year in jail, while for a felony it can be up to 3 years in jail.
Penal Code 591, about damaging a telephone line
Damaging phone lines in California is covered by Penal Code 591. This makes it a crime for someone to cut or damage a phone line. It is also an offense to damage the equipment of the phone. An example of this would be domestic abuse that prevents the victim from using their phone to make calls.
Penal Code 591 can be a felony or a misdemeanor in the State of California. For a felony, the charge attracts up to $10,000 in fines and/or up to three years in jail.
Penal Code 601, which deals with invasion with aggravated circumstances
Penal Code 601 deals with aggravated trespass in the state of California. People commit PC 601 when:
- Making criminal threats or
- Within 30 days after the threats are made, enter the victim’s workplace or home to carry out the threat.
- Aggravated trespass can be a felony or a misdemeanor in California. When considered a felony, the punishment can be up to three years in prison.
Penal Code 647(j)(4), which covers revenge porn
Revenge pornography is considered a form of “cyber bullying” in California. It occurs when someone intentionally shares someone’s sexually explicit photos with the goal of causing emotional distress to the victim. This can be, for example, an ex-wife, husband, girlfriend or boyfriend. Punishment for revenge porn can be a fine of up to one thousand dollars and/or up to one year in county jail.
Penal Code 653.2, which covers posting harmful information on the Internet
Penal Code 653.2 addresses the posting 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” and covers posting or emailing information that may be harmful to someone with the aim of harming or harassing that person.
In most cases, PC 653.2 is used when an individual spreads information over the Internet as a way to punish someone in a domestic dispute. The punishment for posting harmful information on the Internet can be up to one year in jail or a fine of up to $1,000.
Under what circumstances do defendants in domestic violence cases get probation instead of going to jail?
- A domestic abuser can be sentenced to probation instead of going to jail:
- If he or she is a first time offender
- If the injuries sustained by the defendant are not extensive.
- A defendant is much more likely to get probation when a case is brought in court as a misdemeanor. Note: felony charges are established only when the victim has sustained significant injuries.
However, even if you are only granted probation, the consequences of being charged with domestic violence that we list later in this article will still apply. Defendants who violate the conditions of their probation risk being sent to jail.
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 being fined.
- Mandatory Minimum 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 whether or not the charge was treated as a misdemeanor.
Restitution and the Domestic Violence Fund
Domestic violence offenders may be ordered to restitute the victim. This may include:
- Pay the victim’s medical bills
- Pay for mental health counseling for the victim
- Restitution to the victim for lost wages
- Pay for any property damage.
Those found guilty of domestic violence in California must also pay $500 to fund domestic violence programs in the state.
Being ordered to participate in a “batterer program”
In the state of California, convicted offenders are generally 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 done and makes it difficult for people to get housing and other benefits like getting a job, among other things.
loss of custody
Another major negative effect of being convicted of domestic violence in California is that this generally prevents you from gaining custody of any minor children. Still, however, you get visitation rights.
One thing we have to explain here is that when it comes to the issue of custody, you don’t need to have a conviction for a judge to find that there was domestic violence.
However, a conviction will be considered irrefutable evidence if one parent was convicted against the other within the previous 5 years.
lose gun rights
Once you have been convicted of domestic violence in the State of California, you lose the right to own firearms. The bad part is that there is no way you can regain the right to bear arms after such a conviction.
After a misdemeanor conviction
California Penal Code 29805 grants a 10-year ban on firearms for most domestic violence convictions. However, when the offense qualifies, under federal law, as a misdemeanor domestic violence, the bar is for life.
After a felony conviction
In California, Penal Code 29800 covers felons who commit crimes using firearms. Those who have been found guilty in any state or country get lifetime bans. What this means is that both federal and California law prohibit anyone who has been convicted of domestic violence as a felony from legally possessing a firearm.
Can a pardon or expungement restore your firearm rights following a domestic violence conviction?
The ban on firearms lasts for life after a conviction for domestic violence, according to federal law. The only way to prevent this is through a presidential pardon. The president, however, rarely issues such pardons. If you wish to apply for a presidential pardon, consult the Department of Justice for more information.
Have restraining orders issued against you
Victims of domestic violence may, under California law, request 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.
Protection orders do not require bodily harm
Alleged victims of domestic violence do not have to show evidence of bodily 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 them or their minor children.
- The defendant is an intimate partner or a close relative.
What happens when a protective or restraining order is violated?
Violating a protection order or restraining order is considered a crime in California. This is generally considered a misdemeanor, as long as the victim has not suffered any harm. To defend yourself against a charge of violation of an order of protection, you can argue that:
- The restraining order was not legally issued.
- You were unaware of the existence of the protection order.
- You did not intentionally violate the restraining order.
- You were falsely accused of violating the protection order.
negative consequences of immigration
Under US immigration law, depending on the penal code charged and the resolution of the domestic violence case, non-citizens can experience negative immigration consequences, including deportation from the US, making yourself inadmissible to the US, ineligibility to apply for a green card, or inability to adjust your status.
If you are in removal proceedings, the outcome of the domestic violence case may affect 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, as well as an immigration attorney, at the time they are charged and await a pending hearing date.
Here at the Law Offices of Alex Amar Kannan, we have experience in both areas of the law and are better able to advise our non-citizen clients on how to proceed with their cases to better protect their immigration status.
An experienced attorney can negotiate a plea agreement on your behalf to help you navigate the negative immigration consequences of being convicted of domestic violence.
How to Defend Against California Domestic Violence Charges
Legal Defense Strategies
There are a wide range of strategies that can be used to help you defend yourself against a California domestic violence charge. These include:
- The injuries the other person sustained were the result of an accident
- The injuries have nothing to do with the defendant’s actions
- Self defense
- The defendant was defending another person.
- The accusation is false and is caused by jealousy, a custody battle, or other issues.
Plea Negotiations
An experienced domestic violence defense attorney will attempt to negotiate a reduction of the charges you are facing to a lesser offense. A plea agreement allows you to plead guilty to a lesser offense, which helps you avoid the negative consequences, such as stigma, that are associated with a domestic violence conviction.
Two of the misdemeanor offenses used in domestic violence cases are:
- Penal Code 602, which deals with trespassing
- Penal Code 415, on disturbing the peace.
There are several advantages that come from pleading guilty to these lesser charges:
- You retain your right to legally keep and bear arms
- 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 we can use to defend you after a domestic violence accusation is to try to get a pretrial diversion and defer trial entry for you. The nice thing about a pre-trial diversion is that once you have successfully concluded the batterer program, all charges are dropped and the case is, for all practical purposes, over.
Whether or not you are eligible for such a program depends largely on the nature of the charges you are facing, where you, the accused abuser, live, and your criminal history.