In the State of California, domestic violence typically involves a criminal act of abuse taken by one spouse against the other (this also includes former spouses) and may also involve individuals who are in a romantic relationship or cohabitating type of relationship. Child abuse may also be involved where there is domestic violence.
If you are dealing with domestic violence charges, it is imperative to speak with an experienced attorney in this area right away. Johann Hall, a California domestic violence attorney, has successfully handled many domestic violence cases in the past. If you are seeking representation, call California attorney Johann Hall today to schedule a consultation to discuss your charges and a plan for your defense.
Domestic Violence Under California Law
There are several different types of abuse that can be considered acts of domestic violence under California law. Some of these forms of abuse include the following:
Physical abuse – Inflicting physical pain on someone or attempting to hurt someone, either intentionally or recklessly
Sexual abuse – This includes all forms of sexual assault and unwanted sexual contact without consent.
Threats of abuse – Causing another individual to be reasonably scared that they are about to be seriously injured (or that another person is about to experience the injury)
Other forms of abuse – Other types of abuse may also be considered acts of domestic violence, including behaviors such as stalking, harassing, disturbing a person’s peace, and destruction of a person’s personal property.
Domestic Violence Under California Penal Code Section 273.5
Under California law, there are multiple different acts that constitute domestic violence or abuse that may result in criminal charges. One of the laws used when charging someone in California with domestic violence is California Penal Code Section 273.5. Under this section of the California Penal Code, it is illegal to inflict corporal injury to any person who is or who was at one time an intimate partner of the accused, or a family member, which results in a traumatic condition.
A traumatic condition as described in Section 273.5 of the California Penal Code refers to both internal and external injuries, such as visible wounds. Included in this category are injuries sustained as a result of the accused perpetrator using physical force in an attempt to suffocate or strangle the alleged victim. Typically, if a person is charged with a crime under this section of the California Penal Code, there must be a visible injury of some kind present.
Penalties for Domestic Violence Charges under California Penal Code Section 273.5
A charge under this section of the California Penal Code for domestic violence is a very serious matter, as it is a felony. If convicted, an individual may face a punishment of anywhere from two to four years in state prison, or up to one year in county jail. Additionally, further penalties can include a fine of up to six thousand dollars.
Domestic Violence Under California Penal Code 243(e)(1)
Another domestic violence related charge under California law falls under California Penal Code 243(e)(1). Under this section of the California Penal Code, a person is charged with domestic battery, which is typically a misdemeanor. For a successful conviction under this section of the code, the state must prove that a person willfully inflicted unlawful violence or force on their partner (or former partner). Penalties for a conviction under this section may include probation, up to $2,000 in fines, and up to one year in county jail.
Domestic Violence Restraining Orders
Another aspect of domestic violence laws in California involves restraining orders. There are three major types of restraining orders.
Emergency Protective Order – An emergency protective order can be obtained if the judge believes that the person requesting the order is in immediate and serious danger.
Temporary Restraining Order – Similar to an emergency protective order, a judge can order a temporary restraining order to be set in place before a full hearing on the matter can occur.
Permanent Domestic Violence Restraining Order – A permanent restraining order may be granted after a full hearing on the matter has taken place. The order will need to be renewed, usually every three years.
These orders can be obtained through the civil court system in California. If there is a restraining order put in place against you due to charges of domestic violence, it is important to give the details to your lawyer so that your lawyer can help you move forward with the process in light of the order.
If you have been accused of any of the above domestic violence crimes, it is vital to speak with an experienced attorney right away. Working with a California criminal defense attorney such as Johann Hall can potentially result in a more favorable outcome in your case.