Domestic violence charges in California can carry significant penalties. If you or a loved one has been arrested on suspicion of domestic violence, hiring the right attorney can make all the difference. Our office has been successfully defending against all types of domestic violence charges since 2009.
What is Domestic Violence?
Domestic violence is defined by section 6211 of the California Family Code as abuse committed by / against people who are having or who formerly had a romantic relationship (married or dating), people who live or lived together as partners (not just roommates), and people who have a child together. It also includes abuse between siblings, parents and grandparents.
The most commonly charged domestic violence offense in California is probably PC 243(e)(1), commonly known as "domestic violence battery". To be guilty of violating PC 243(e)(1), the prosecutor needs to prove that the defendant made some harmful or offensive bodily contact with the victim, and that the parties meet the criteria described above. "Harmful or offensive bodily contact" can include things like pushing, slapping, etc.
If the victim is injured, prosecutors can raise the charges from 243(e)(1) to 273.5, "inflicting injury on a spouse or cohabitant". More on that below.
Contrary to its name, "domestic violence" encompasses some crimes that are not necessarily "violent". Vandalism, for instance, can be treated as domestic violence. It also includes things like child neglect, violating a domestic violence restraining order, and making harassing phone calls, if the DA can prove that the crime involved "abuse" by / against a family member.
Penalties for Domestic Violence in California
Domestic violence battery (PC 243(e)(1)) is a misdemeanor, punishable by up to 1 year in jail and a fine of $2,000.00. Once the court's mandatory "costs and fees" are tabulated, that $2,000.00 fine is a lot closer to $6,000.00
Inflicting injury on a spouse / cohabitant (PC 273.5) is a wobbler, meaning that it can be treated as a misdemeanor or a felony, depending on the circumstances. If the charge is filed as a misdemeanor, the maximum penalty is 1 year in jail and a fine up to $6,000.00 (more like $30,000.00, with costs and fees). If prosecutors elect to treat the charge as a felony, the maximum punishment is 4 years in prison for a first offense. Penalties go up for repeated violations.
Anyone who is convicted of violating PC 243(e)(1) or PC 273.5 must attend and complete a 52-week, court-approved anger management counseling program. They must also complete at least 8 hours of community service. Other domestic violence-related offenses might only require a 10-12 hour course of anger management counseling.
For many people, the most significant consequence of a domestic violence conviction pertains to gun rights. Any person who is found guilty of violating PC 243(e)(1) or 273.5 will be banned from possessing firearms and ammunition for life.
Can the Victim Drop the Charges?
In most domestic violence cases, the alleged victim wants to drop the charges. Once things cool down, she decides that the situation was blown out of proportion and she does not want to see her husband prosecuted over a little argument. Unfortunately, it's not up to her. The decision to prosecute rests with the DA. They alone file charges, and they alone decide when / if to drop them.
If prosecutors believe that they can win a conviction without the victim's cooperation, they will charge ahead. Often, they don't need the victim's testimony to build a solid case. They might have a 911 recording in which the victim describes what is happening as it happens. The defendant might be clearly audible in the background of the recording. Other witnesses might have seen what happened and given statements to police. If the victim spoke to officers at the scene, then her words were probably recorded by body-worn-cameras. Police probably took photos of any injuries and damaged property. Even if the victim refuses to testify against her husband, the DA can simply use the evidence to tell their story.
If an alleged victim really wants to help the defendant, the best thing that she can do is to cooperate with his lawyer. A qualified criminal defense attorney (like myself) understands the rules of evidence and what it takes to make or break a case. Always consult with counsel before speaking to police or prosecutors.
Often, witnesses statements contained in police reports are wildly inaccurate, incomplete, or out of context. As written, the reports might give a completely false picture of what actually happened. We can help cooperative victims and witnesses prepare written statements to clarify important details in the police reports, correct any mistakes, and add context so the court better understands the truth.
EPOs, CPOs and DVROs
Domestic violence cases may also involve Emergency Protective Orders (EPOs), Criminal Protective Orders (CPOs), and Domestic Violence Restraining Orders (DVROs). Each of these orders can potentially do the same things, but they are issued under different circumstances. Typically, the restrained party is ordered to stay some distance away from the protected person, as well as that person's home, school, workplace, vehicle, etc.
An EPO is usually issued at or near the time of the arrest. These are issued by judges at the request of the police. They can remain in effect for up to one week.
If the defendant remains in custody after his arrest, he will be brought to court for his arraignment within about 3 days. When he makes his first court appearance, the judge will issue a CPO that will remain in effect while the case is pending. A CPO may allow for "peaceful contact" between the parties if they both want it, and if the judge agrees to allow it. While a peaceful contact order is in effect, the parties may be near each other. They can even live in the same house. If the restrained party becomes aggressive at any time, though, the protected person can call the police and have him removed from the house and / or arrested.
If the defendant is convicted of some crime involving domestic violence, a CPO may remain in effect for up to 10 years.
A victim of domestic violence may separately request a DVRO in Family Court. I have previously written extensively on this blog about the process of seeking / fighting a DVRO.
Domestic violence cases are complicated and the stakes are high. If you or a loved one has been arrested or charged for any offense involving domestic violence, call us for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
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