Domestic Violence Prosecution in California
In California, those arrested for domestic violence can expect to be prosecuted to the fullest extent of the law. However, just because you have been arrested does not mean you are going to be required to appear before a judge. A reputable lawyer will work to keep your case from ever reaching court. Being arrested does not mean you are guilty, and we understand that.
If evidence implies that any of the violations mentioned above occurred, officers will arrest the suspected abuser.
How an arrest will be prosecuted largely depends upon the facts of each defendant’s case. Before detaining someone for a suspected violation, authorities are required to verify that an offense occurred. Once some form of evidence has confirmed suspicions, officers then determine whether or not the violent acts were committed in a way that would be considered domestic violence.
Despite the evidence, there are usually multiple domestic violence defenses available, but it is important that each individual has their own personalized defense strategy tailor-made for their case.
For prosecutors to secure a conviction, they must prove that an act of battery occurred and it occurred against:
- Your spouse or ex-spouse,
- A cohabitant or former cohabitant,
- The parent of your child, or
- Someone you were dating or in a relationship with.
They must also show that you were not acting in self-defense or in defense of another.
To convict you of abuse against a child, prosecutors would need to secure evidence proving that you caused or allowed your child to be harmed (physically or mentally), by:
- Intentionally inflicting or causing or permitting physical pain or mental suffering to a child, or while having custody of a child, causing or allowing the child’s injury or endangerment,
- Acting in a way that was likely to produce great harm or death,
- Acting negligently at the time of the offense, and
- Not engaging in reasonable disciplining of the child.
What Are the Penalties tor Domestic Violence in California?
The consequences of a domestic violence conviction in California can include:
Jail time
Fines
Victim restitution
A protective order against you
Loss of custody rights
A permanent criminal record
Loss of gun rights
Mandatory enrollment in a batterer’s intervention program
Domestic Violence Charges in California
Those facing charges can anticipate the following maximum punishments:
- For misdemeanor abuse, defendants can face imprisonment for up to 1 year in county jail and fines of up to $1,000, plus payments of up to $5,000 to battered women’s shelters.
- Felony spousal abuse carries a maximum punishment of imprisonment for 2 to 4 years and fines of up to $6,000 for a first offense.
- For misdemeanor child abuse, offenders face imprisonment in county jail for up to 1 year.
- Felony child abuse can result in imprisonment for 2, 4, or 6 years, minimum probation for 48 months, 1 year of participation in a child abuser’s counseling program and payment of fees, and random drug tests during probation if you were on drugs at the time of the incident.
Additionally, under California Penal Code 243(e)(1), a person convicted of battery against a family or household member may be fined up to $2,000 and/or sent to county jail for up to 1 year. If the individual is granted probation or a suspended sentence, they may be required to complete a batterer’s treatment program.
What Is a Protective Order?
A protective order, or domestic violence restraining order, is an official injunction from the court that requires the accused to refrain from threatening, harassing, or harming the alleged victim. The particular terms and conditions of protective orders vary from case to case. While all restraining orders prevent the accused from contacting the alleged victim, other terms may include releasing or returning property, giving up possession of any guns, paying spousal and/or child support, and attending a 52-week batterer intervention program.
How Long Does a Restraining Order Last in California?
The duration of a protective order in California depends on the type of order.
There are three types of domestic violence restraining orders, including:
Emergency protective order – lasts for five business days or seven calendar days, whichever is shorter
Temporary restraining order – lasts for up to 15 days or until the full-court hearing, which is typically in three weeks
Restraining order after hearing – lasts from three to five years initially, after which the victim may request an extension for an additional five years or permanently
Should I Plead Guilty to a Domestic Violence Charge?
Unfortunately, numerous innocent people are charged with domestic violence every single day. Many choose to plead guilty because they don't think the court will truly listen to their side of the story. In other cases, the prosecution team convinces the defendant to take a plea bargain to avoid facing a maximum penalty.
The good news is that there are many defenses two domestic violence charges. Before you choose to plead guilty to your charges, a decision that will impact you for the rest of your professional and personal life, consider consulting with our experienced Orange County domestic violence attorneys. We have successfully handled thousands of cases and are passionate about getting our clients' charges dropped.
Domestic Violence Defense Strategy in California
Charges of domestic violence most often happen because of a divorce, child custody dispute, or other personal challenges. The charges may be used as leverage to win these cases. You may be able to mount defenses to seek to prevent that from happening.
Two defenses against domestic violence charges are self-defense and de minimis infractions:
- Self-defense: Under California law, a person may use force against another to protect themselves or someone else from being harmed. For the doctrine to apply, the individual using force must have:
- Believed they or someone else was in immediate danger of injury. Their belief must have been reasonable, meaning that a reasonable person would have reacted the same way in a similar situation. The law does not apply if the individual believed that they were in danger of future harm. The threat must have been imminent or present.
- Believed that using force was necessary to prevent injury.
- Used a reasonable amount of force.
- De minimis infractions: This legal term means that the conduct was so insignificant that the law would not concern itself with such a matter. Raising this as a defense in a domestic violence case means that whatever act the defendant was alleged to have committed was not enough to warrant a criminal charge.
What’s the Difference Between Misdemeanor and Felony Domestic Violence in CA?
In California, many offenses can be charged as either misdemeanors or felonies. Felonies are considered more serious than misdemeanors. Thus, the punishments upon conviction are harsher. Misdemeanors are penalized by a jail term of up to 1 year. In contrast, felonies carry years, decades, or even life in prison. Additionally, the fines for felonies are steeper than those for misdemeanors.
Some domestic violence offenses are strictly misdemeanors, and others are strictly felonies. However, some are “wobblers” – crimes that can be charged as misdemeanors or felonies. When a domestic violence offense is a wobbler, the prosecutor will decide which level to levy. They will consider many factors, such as the severity of the crime and the defendant’s criminal history, when determining whether to charge it as a misdemeanor or felony.
Below are a few domestic violence offenses and the level they can be charged at:
- Corporal injury to a spouse: This offense occurs when a person inflicts physical injury on a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, a person the defendant had a dating relationship with, or the defendant’s child’s other parent. The injury must have caused a traumatic condition, such as a broken bone, sprain, or concussion. Corporal injury to a spouse is a misdemeanor or felony.
- Domestic battery: Under California Penal Code 243(e)(1), willfully using violence or force upon a family or household member is a misdemeanor.
- Child abuse: If a person inflicts corporal injury or punishment on a child, they could be charged with a felony or misdemeanor.
Understanding the Impact of Domestic Violence
Domestic violence can have serious and lasting effects on victims and their families. It's important to understand the impact of domestic violence in order to seek the necessary legal support and protection. Our team of experienced Orange County domestic violence attorneys at Law Offices of Randy Collins is dedicated to providing compassionate and effective representation for individuals dealing with domestic violence cases in California.
Some of the impacts of domestic violence include:
- Physical injuries and health consequences
- Emotional trauma and mental health issues
- Financial and housing instability
- Disruption of family dynamics and relationships
- Legal and criminal consequences
It's crucial to seek legal assistance and support to address the impact of domestic violence and take the necessary steps to protect yourself and your loved ones. Our team is here to provide the guidance and representation you need during this challenging time.
Representation from Domestic Violence Attorneys in Orange County
Our Orange County domestic violence lawyers have several advantages that can be beneficial to your case. The most important is the head partner’s experience as a former criminal prosecutor. Attorney Randy Collins prosecuted hundreds of individuals for misdemeanor and felony offenses and has an in-depth knowledge of the prosecution’s goals and strategies.
His experience has helped develop relationships with law enforcement and presiding judges that have established him as a premier defense attorney in California. When you have a lawyer who has developed a reputation in the courtroom, your credibility and the court’s opinion of you may be favorably affected.
Each client of the Law Offices of Randy Collins benefits from Attorney Collins’ unique experience and insight. This creates opportunities that may not have been available otherwise. When a prosecutor attempts to strike a deal, Attorney Collins uses his invaluable resources to fight toward what is fair.
Contact us at (844) 285-9559 today to take advantage of a free domestic abuse case evaluation with one of our experienced Orange County domestic violence attorneys. There is no obligation to retain our services.
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