Criminal Penalties You Could Face
California law punishes domestic violence crimes harshly. The law takes a serious stance on any form of violence or emotional abuse against a family member or partner. These cases often move quickly, and the punishments can be severe, even for first-time offenders.
Violations may result in imprisonment, significant fines, or other legal consequences. The court may also order mandatory counseling, anger management, or community service as a condition of the order. If the crime is charged as a felony, the consequences are even worse. These outcomes can change your future forever.
Misdemeanor vs. Felony Convictions
California law classifies domestic violence charges as either a felony or a misdemeanor. The difference often depends on how serious the incident was and if the alleged victim was badly hurt.
- Conviction for a misdemeanor may include up to one year of jail time, substantial financial penalties, and probation.
- Felony domestic violence can result in years in state prison, especially if the case includes aggravated assault, child abuse, or the use of a weapon.
- If you’ve been convicted before, you face harsher penalties the next time around.
Courts look at your criminal history, the level of physical harm, and whether there were threats or weapons involved.
Jail Time, Fines, and Probation
A domestic violence conviction often comes with serious punishment, such as:
- Jail or prison time
- Fines that may total thousands of dollars
- Long-term probation with strict conditions
- Court-ordered programs like anger management or mandatory counseling
- Community service
Even if this is your first time facing domestic violence charges, you’re not guaranteed leniency. The law in California pushes for strict enforcement of penalties, especially if children are involved or the case involves sexual abuse or false imprisonment.
These penalties don’t just impact your court case—they affect your daily life, your family, and your freedom.
Loss of Gun Rights After a Conviction
Losing your gun ownership rights is a potential consequence of a domestic violence conviction. Both California law and federal law limit firearm access for those with certain criminal offenses, especially involving physical violence.
Under the Gun Control Act, individuals convicted of a felony domestic violence charge face a lifetime ban on owning or possessing guns. Even misdemeanor convictions may carry a 10-year ban under California law.
Violation of this law may incur additional felony charges and more severe consequences. You could be arrested and sent to prison for simply owning a weapon after a conviction.
Protect your legal rights and understand the serious implications of a domestic violence conviction by securing professional legal representation, regardless of whether the charge is a misdemeanor or a felony.
Impact on Employment and Background Checks
Job opportunities can be significantly impacted by a domestic violence conviction. Employers often conduct criminal background checks, and landlords do the same. A past conviction for domestic violence can severely restrict your access to employment and housing, even long after the case is closed.
Jobs That May Be Off-Limits
Many jobs are off-limits for individuals convicted of domestic violence offenses. These include:
- Jobs in law enforcement or security
- Teaching or childcare positions
- Health care or nursing roles
- Government or military work
These jobs often require a clean criminal record and may reject applicants with such convictions due to concerns about safety or public trust.
Licensing and Certification Issues
Some careers require professional licenses or certifications. Losing or being denied the renewal of your license is a possible consequence of a domestic violence conviction. Fields such as law, medicine, real estate, and education often inquire about criminal offenses and may disqualify you.
The legal ramifications of these charges are often enduring, affecting both your income and future career prospects. That’s why it’s important to work with an experienced attorney who understands the legal system.
How a DV Conviction Affects Child Custody Rights
If you’re going through a divorce or custody case, a domestic violence conviction can hurt your chances in family court. California law favors the protection of victims, especially children. Courts may deny child custody or limit your visitation if you’ve been found guilty of abuse.
Under California Family Code Section 3044, the court assumes that giving custody to someone with a domestic violence conviction is not in the child’s best interest. This legal presumption makes it harder for you to win custody, even with shared parenting plans.
Judges may also issue temporary restraining orders that limit your time with your children or require supervised visits. This can add pressure to your relationships and may ultimately harm your personal life.
Immigration Consequences for Non-Citizens
A domestic violence conviction can lead to immigration consequences for non-citizens. U.S. immigration law treats domestic violence cases as crimes of moral turpitude. If you are undocumented or have a visa or green card, such convictions may trigger deportation or make you inadmissible for future entry.
Legal charges can instantly alter a person’s legal standing, a fact many don’t realize. Some convictions also require mandatory arrest, which can trigger ICE involvement.
At Summit Defense, our criminal defense attorneys specialize in cases where immigration and domestic violence laws intersect. We provide comprehensive legal representation and expert legal guidance to safeguard your interests.
Our law offices offer a free consultation to help you understand your risks and options.
Effect on Housing and Rental Applications
A domestic violence conviction can be a significant barrier to securing housing. Many landlords conduct background checks before approving a tenant. If they see criminal offenses like domestic violence, they may deny your application.
A temporary restraining order may prevent you from living in a shared or former home. You might even be forced to leave your apartment if the order prohibits contact with the alleged victim.
The legal repercussions of domestic violence cases can cause serious disruption to your personal life and living situation. That’s why it’s important to fight such charges with the help of a skilled criminal defense lawyer.
Emotional and Social Consequences of a Conviction
The emotional and social consequences of a domestic violence conviction can last far beyond jail time or hefty fines. People often experience a damaged reputation, even if they’re not guilty. Your standing in the community may change, and others may treat you differently.
You could lose friends, strain family ties, and struggle to form new personal relationships. The emotional stress of being labeled as violent is real.
Understanding domestic violence also means recognizing how the legal system impacts your mental health. The guilt, shame, and isolation can stay with you, especially if you didn’t receive a fair outcome. That’s why fighting the charge is so important.
Can You Get a Domestic Violence Conviction Expunged?
If you’ve been convicted, you may wonder if you can clear your record. In California, you may be eligible for expungement, depending on the specific details of your case. While this legal process removes your criminal record from public view, it does not eliminate all its consequences.
To qualify, you must have completed your sentence, including court fees, probation, and any community service requirements. Expungement does not restore your gun ownership rights or erase the conviction for immigration or licensing purposes.
Still, clearing your record can improve your employment opportunities and help reduce the social stigma associated with a criminal offense. Summit Defense assists clients navigating the complex legal system. We will review your case to determine your eligibility for expungement.
How Summit Defense Fights to Protect Your Future
At Summit Defense, we know that every case is different. Our team focuses on protecting your long-term future, not just getting through the next court date. Whether you’re facing your first charge or have a criminal history, we fight to protect your legal rights and future.
Reducing Charges or Getting Them Dismissed
Our criminal defense attorneys strive to reduce or dismiss your charges whenever possible. We review every detail, including police reports, witness statements, and the history between you and the alleged victim.
We may negotiate a plea deal to avoid the most severe penalties or take your case to trial if necessary.
Building a Defense Focused on Long-Term Impact
We look at the full picture—your job, family, immigration status, and more. We build a defense that protects not just your freedom, but your future. Our team is trial-ready and experienced in handling complex domestic violence cases across California.
When you choose us, you choose attorneys who will fight hard to protect victims of false accusations and those facing unfair treatment.
Contact Summit Defense for a Free Domestic Violence Consultation
If you’re facing domestic violence charges, you don’t have to go through it alone. Summit Defense is here to help. We offer a complimentary consultation, allowing you to speak with a skilled attorney about your options.
Every conversation is private and judgment-free. Whether you’ve been arrested or are under investigation, our team is ready to act fast. Don’t wait until the legal consequences get worse. Call Summit Defense today to protect your freedom, your rights, and your future.