California defines domestic violence to cover more than physical injury and more relationships than a spousal one.
Under Family Code § 6211, domestic violence includes abuse committed:
- Against a spouse or former spouse
- A cohabitant or former cohabitant
- A dating partner
- A person with home a parent shares a child
- Certain close relatives like a parent, child, or sibling.
Abuse can include physical violence (like hitting), threats, harassment, stalking, and any behavior that disturbs another person’s peace. This definition is broad and encompasses many types of conduct.
Physical Abuse
Physical abuse, found in Penal Code § 273.5, is the most commonly charged domestic violence offense in California. It criminalizes willfully inflicting an injury that results in a “traumatic condition” on a spouse, former spouse, cohabitant, or the parent of your child. Even a minor can meet the definition of a traumatic condition and support a charge.
Penal Code § 243(e)(1) criminalizes domestic battery, which doesn’t require any visible injury at all. It outlaws any unwanted physical contact against a qualifying partner, including grabbing, pushing, or restraining.
Abuse Beyond Physical Contact
Behavior that disturbs another person’s peace, including harassment, threats, and controlling conduct, can qualify as abuse for purposes of a domestic violence restraining order, even without any physical contact at all.
Criminal threats can also be prosecuted as domestic violence when the relationship qualifies.
Penalties for Domestic Violence in California
The penalties for domestic violence depend on what charge a person is facing.
A domestic battery conviction is generally a misdemeanor, punishable by up to one year in county jail and a fine of up to $2,000.
Corporal injury to a spouse or cohabitant is a wobbler, meaning prosecutors can charge it as either a misdemeanor or a felony depending on the severity of the injury and the defendant’s criminal history. A misdemeanor conviction carries up to one year in county jail and a fine of up to $6,000. A felony conviction carries two to four years in state prison and a fine of up to $6,000.
If the victim suffers great bodily injury, this aggravating factor can add three to five years to the sentence. Likewise, a prior domestic violence conviction within the past seven years significantly increases the potential sentence.
Beyond criminal penalties, domestic violence also triggers a 10-year firearm prohibition. A criminal protective order restricting contact with the victim, and a strike under California’s Three Strikes Law for felony domestic battery. It can also create professional and licensure consequences that affect your career for years to come. Call George H. Ramos, Jr. & Associates for a confidential consultation to learn more.
Family Law Consequences
A domestic violence conviction in California typically comes with a mandatory minimum one-year batterer’s intervention program as a condition of probation. Under Family Code § 3044, a recent domestic violence finding also creates a legal presumption against awarding custody to the offending parent
Restraining orders arising from these allegations, such as a domestic violence restraining order through family court or a protective order issued in a criminal case, typically last several years. They can be renewed for longer terms.
Speak to an Attorney for Help With Your Case
If you’ve been accused of domestic violence, you could be facing serious, long-lasting consequences. An experienced domestic violence attorney in San Diego can help you understand how the law applies to your specific situation and what options are available to protect your rights.