Orange County Domestic Violence Lawyers

What Is Domestic Violence Under California Law?

In California, domestic violence is defined under the Penal Code as any act of abuse committed against a family or household member. According to California Penal Code § 13700, domestic violence includes physical harm, threats of harm, and behaviors that intentionally or recklessly cause injury or put a person in fear of imminent bodily harm. This conduct can include a range of actions, from physical battery to verbal assault, that create a sense of danger.

For an act to be considered domestic violence, the alleged victim must be a person with whom the accused shares a specific relationship. 

These relationships include:

Common Domestic Violence Charges

Several specific offenses fall under the broader category of domestic violence. Each charge varies in severity and can lead to different legal outcomes. 

Examples of domestic violence charges that individuals may face include the following:

• Spousal abuse (California Penal Code § 273.5): Spousal abuse refers to the willful infliction of corporal injury on a spouse or intimate partner.
• Domestic battery (California Penal Code § 243(e)(1)): Domestic battery involves any form of physical violence or offensive contact with a spouse, cohabitant, or someone you’re dating.
• Child endangerment or abuse (California Penal Code § 273d): Child endangerment or abuse charges occur when a parent or guardian causes physical injury or exposes a child to harmful situations that could result in injury.
• Stalking (California Penal Code § 646.9): Stalking charges can arise in cases where someone repeatedly harasses or follows another person with the intent to place them in fear for their safety.

Each of these charges presents unique challenges, and the potential consequences of a conviction can be life-altering. It’s essential to understand the full scope of the charges you may be facing and to work with an experienced defense attorney to build a strong case.

Penalties for Domestic Violence Convictions

Domestic violence charges are either misdemeanors or felonies. A misdemeanor is a less severe charge, usually punishable by up to one year in county jail. Misdemeanors generally apply to charges such as domestic battery (Penal Code § 243(e)(1)), where no serious injury is inflicted, and the defendant has no prior criminal history.

A felony, on the other hand, is a more serious offense, which can result in harsher penalties. For example, spousal abuse (Penal Code § 273.5), especially if it causes significant injury, can be classified as a felony. Felony charges can lead to prison sentences for a number of years, depending on the severity of the crime, prior convictions, and other factors like whether the defendant has a history of violence or whether the victim was particularly vulnerable.

A domestic violence conviction can also lead to:

• Fines: A convicted individual may be required to pay financial penalties. These can range from hundreds to thousands of dollars and may be imposed in addition to other penalties.
• Probation: In some cases, the court may impose probation instead of jail or prison time. 
• Restraining orders: A domestic violence allegation or conviction may result in a court-issued restraining order. This order can prohibit the defendant from contacting the alleged victim or coming near their home, workplace, or other locations. Violating a restraining order can lead to additional legal penalties.

Legal Defenses in Domestic Violence Cases

Facing domestic violence charges can be a frightening and overwhelming experience, especially when the allegations are not based on the whole truth. Several legal defenses may help challenge or reduce the charges. Each case is unique, and an experienced criminal defense attorney can evaluate your situation to determine a practical defense strategy. 

Defenses that may be used in domestic violence cases include:

• False accusations and motivations: False allegations can arise in various situations, such as during contentious divorce or custody battles. 
• Self-defense or defense of others: If you acted in self-defense because you were in imminent danger of physical harm, you may not be held criminally liable for your actions to protect yourself. Similarly, if you acted to protect another person from harm, this can also be used as a defense.
• Lack of sufficient evidence or inconsistent statements: A lack of enough evidence or inconsistent statements from the alleged victim can be a strong defense. If discrepancies exist in the victim’s testimony or no physical evidence supports the claim of abuse, it may be difficult for the prosecutor to prove their case.
• Accidental harm: Sometimes, the harm alleged in a domestic violence case may have been accidental. For instance, an accidental injury could occur during an argument or physical interaction that was not intended to cause harm.