Understanding Domestic Violence Charges in California

Allegations and charges of domestic violence (DV) abuse carry severe and lasting consequences. In California, law enforcement and prosecutors take DV cases very seriously, and an arrest can occur even if the alleged victim does not want to press charges. If you have been accused of domestic violence, it is important to understand how these cases are prosecuted and why obtaining experienced legal representation as early as possible can make a significant difference.

What Is Considered Domestic Violence in California?

Domestic violence refers to abuse or threats of abuse against someone with whom the accused has a qualifying relationship. Under California law, this may include a current or former spouse, domestic partner, fiancé, dating partner, co-parent, or certain family or household members.

Contrary to popular belief, domestic violence is not limited to serious physical injuries. A heated argument that results in an allegation of unwanted physical contact, visible injury, or threats of violence may lead to criminal charges.

Common Domestic Violence Charges

California prosecutors commonly file one or more of the following charges in domestic violence cases:

• Corporal Injury to a Spouse or Cohabitant under Penal Code § 273.5. This offense involves willfully inflicting a physical injury that results in a traumatic condition on an intimate partner. Depending on the circumstances and a person’s criminal history, it may be charged as either a misdemeanor or a felony.

• Domestic Battery under Penal Code § 243(e)(1). Unlike Penal Code section 273.5, domestic battery does not require the alleged victim to suffer a visible injury. Any unlawful use of force or violence against an intimate partner may result in criminal charges.

Other charges that may accompany a domestic violence case include criminal threats, stalking, child endangerment, vandalism, false imprisonment, or violating a domestic violence restraining order.

What Happens After an Arrest?

Many people are surprised to learn that the decision to file charges rests with the prosecutor and not the alleged victim. Even if the alleged victim later changes their story; asks that the case be dismissed; or refuse to cooperate, the prosecution may still and often does proceed with the case if it believes sufficient evidence exists.

Following an arrest, the court may, and most likely will, issue a criminal protective order that restricts contact with the alleged victim. Violating that order can result in additional criminal charges and may negatively affect a pending case.

Potential Penalties

A domestic violence conviction in California can have serious consequences that extend well beyond fines or jail time. Depending on the charge and the facts of the case, penalties may include:

• County jail or state prison;
• Long probation;
• Mandatory completion of a 52-week batterer’s intervention program;
• Protective or no-contact orders;
• Fines and court fees;
• Loss of firearm rights for life;
• Severe immigration consequences for non-citizens; and
• Difficulty obtaining employment or professional licenses.

A conviction may also affect child custody, visitation rights, and a person’s reputation for years to come.

At the Justice Firm We Believe that Every Case Deserves a Thorough Defense

Domestic violence cases often arise from emotionally charged situations where the facts are disputed. Police officers frequently must make arrest decisions based on limited information, and evidence may consist primarily of conflicting statements from those involved.

It is important to note that an arrest is not a conviction, and prosecutors must still prove every element of the offense beyond a reasonable doubt.

Our experienced California criminal defense attorneys will carefully examine the evidence, including police reports, body-worn camera footage, 911 recordings, medical records, witness statements, and electronic communications. In some cases, inconsistencies, credibility issues, or constitutional violations may provide strong grounds to challenge the prosecution’s case.

Protect Your Rights

If you are under investigation or have been arrested for domestic violence, avoid discussing the allegations with law enforcement or anyone else before speaking with an attorney. It is also critical to comply with any court-issued protective orders, even if the alleged victim initiates contact.

Early intervention by an experienced criminal defense lawyer can help protect your rights, preserve important evidence, and develop a strategy tailored to the unique facts of your case.