What are the Domestic Violence Laws in California?

In California, the law takes domestic violence very seriously. Domestic violence refers to harm or threats made by one person against another in a close relationship, such as between family members or partners.

The laws are comprehensive, meaning they cover not just physical harm but also emotional or psychological abuse. Knowing these laws is necessary for anyone accused of such acts, as the consequences can be severe.

At Summit Defense, we defend our clients against allegations of domestic violence. This includes everything from criminal threats to child abuse. Learn more about California domestic violence law below. Then, contact us to schedule a case consultation.

Overview of Domestic Violence Laws in California

Domestic violence laws in California address a wide range of abusive behaviors, not limited to physical attacks. These laws recognize emotional, psychological, and financial abuse as well, extending protection beyond traditional understandings of violence.

The laws apply to various relationships, including married couples, cohabitants, and dating partners, reflecting the diverse nature of personal connections.

These laws ensure that all individuals feel safe and respected in their intimate relationships. California’s legal system is proactive in responding to domestic violence reports, often resulting in immediate protective measures for the alleged domestic violence victims.

By being aware of the broad categorization of behaviors under domestic violence and the California penal code, individuals can better know their rights and responsibilities within the legal system. If you are facing felony domestic violence charges, reach out to us for a free consultation.

Legal Definitions of Domestic Violence

Under California law, domestic violence is defined as abuse committed against an intimate partner, child, or other close family member. The law broadly categorizes abuse to include physical harm, threats, sexual assault, emotional abuse, and economic deprivation.

The definitions in the California Family Code section 6203 and Penal Code section 273.5 are vital for comprehending the scope of domestic violence in the state.

These definitions help in identifying various forms of abuse, emphasizing that not all harm is physical. Emotional and psychological abuses are major concerns within domestic violence cases, showing the law’s recognition of their effects. Knowing these legal definitions is a critical step for anyone involved in a domestic violence case, whether seeking protection or defending against accusations.

Types of Conduct Constituting Domestic Violence

• Physical abuse: Actions like hitting, slapping, or any form of physical assault fall under domestic violence. In California, even a single act of violence can lead to charges, emphasizing the law’s strict stance on physical abuse.
• Emotional abuse: Behaviors that damage someone’s self-esteem or emotional well-being, such as constant criticism or threats, are considered emotional abuse. This type of abuse is taken seriously because it can be just as harmful as physical abuse.
• Sexual abuse: Coercing or forcing a partner into sexual activities without their consent is sexual abuse. This is a grave form of domestic violence, recognized for its severe impact on the victim’s physical and psychological health.
• Financial abuse: This includes controlling a partner’s money, not letting them have access to their funds, or not allowing them to work. Financial abuse is a way to keep someone dependent and without the means to leave an abusive situation.
• Stalking: Following, watching, or constantly contacting someone against their wishes is stalking. It’s a form of domestic violence because it makes the victim feel unsafe and constantly threatened.

Penalties for Domestic Violence Convictions in California

If someone is found guilty of domestic violence in California, they can face heavy consequences. The penalties can include time in county jail, fines, and being ordered to stay away from the victim. The law also might require the guilty person to attend anger management or rehabilitation classes. The idea is to both punish and help prevent future violence.

A second conviction for domestic violence can lead to even harsher penalties. This shows how serious California is about stopping domestic violence. In addition to legal penalties, a conviction may impact child custody rights and firearm ownership privileges. The law tries to make sure that those who are violent at home do not harm their families or anyone else.

Sentencing Guidelines and Enhancements

Judges in California follow certain rules when deciding on a sentence for domestic violence. They look at how severe the harm was, whether the accused has a history of violence and other factors.

Sometimes, the judge can add more time to a sentence if the violence is really severe or if it happened in front of children. These guidelines help ensure that the punishment fits the crime and that the law protects victims as much as possible.

Judges can also order people found guilty of domestic violence to pay for the victim’s medical bills or counseling. This is part of ensuring that the person who did the harm helps fix some of the damage they caused. The law in California aims to balance punishment with steps that help victims heal and stop future violence.

Protective Orders in Domestic Violence Cases

When someone is accused of domestic violence, the court can issue a protective order. This order tells the accused to stay away from the victim and not contact them. There are different types of protective orders, depending on how critical the situation is and what kind of protection the victim needs.

The main goal of a protective order is to keep the victim safe. This can mean ordering the accused to move out of their home if they live with the victim or to stay a certain distance away from the victim at all times. Protective orders are a key part of how California law tries to prevent more violence.

Types of Restraining Orders Available

Emergency Protective Order (EPO)

This protective order can be issued immediately when the police believe someone is in danger. It lasts for a short time, usually a few days, to help keep the victim safe until a longer-term solution can be found.

Temporary Restraining Order (TRO)

A temporary restraining order can be placed quickly and last for a few weeks. It’s used while waiting for a full court hearing on a more permanent order.

Permanent Restraining Order (PRO)

After a court hearing, a PRO can be issued for up to five years. It offers long-term protection for the victim.

Criminal Protective Order

This is used when criminal charges are involved. It can last as long as the criminal case does, or even after the case ends, to ensure ongoing safety for the victim.

Accused of Domestic Violence: Key Steps You Should Take

1. Contact a lawyer: If you’re accused of domestic violence, getting a lawyer who knows about these cases is essential. They can help you know your rights and what steps to take next.
2. Follow court orders: If there’s a protective order against you, follow it closely. Not following the order can lead to more trouble with the law.
3. Gather evidence: Collect any texts, emails, or other evidence that shows your side of the story. This can be vital in court.
4. Avoid contact with the accuser: Even if you think you can fix things by talking, it’s better to stay away until the court says otherwise. This helps prevent more accusations.
5. Prepare for court: Work with your lawyer to prepare for your day in court. This might mean gathering witnesses or evidence that supports your case.
6. Consider counseling: It can be positive to show that you’re willing to attend counseling or anger management classes, especially if the court hasn’t ordered you to do so yet.
7. Stay calm: Dealing with these accusations can be stressful, but staying calm and following legal advice is the best way to handle the situation.

Legal Defenses Against Domestic Violence Charges

• Self-defense: This can be a strong defense if you protect yourself and don’t start the violence.
• False accusations: Sometimes, accusations are made up during fights over things like divorce or child custody. Proving the accusations are false can clear your name.
• Lack of proof: The accuser must prove you were violent. If there’s not enough evidence, the charges might not stick.
• Accidental harm: If you didn’t mean to hurt the accuser and it was truly an accident, this can be a defense.
• Mistaken identity: If someone else was responsible for the harm, proving you were wrongly accused can defend against the charges.

If The Accuser Recants, Is The Case Dismissed?

If the person who accused you of domestic violence takes back their accusation, it doesn’t automatically mean the case will be dropped.

The prosecutor can still decide to continue with the case if there’s other evidence of violence. This is because the law wants to make sure that victims aren’t being pressured to take back their accusations. So, even if the accuser changes their story, it’s important to have a strong legal defense.

How Summit Defense Advocates for the Accused

• Expert representation. Summit Defense lawyers are experienced in domestic violence cases and know how to build a strong defense.
• Personalized strategy. Every case is different. We create a defense plan that fits the specifics of your situation.
• Support through the process. Facing these charges can be overwhelming. We help you understand and guide you through the legal system.
• Fighting for your rights. Our lawyers work hard to make sure your rights are protected and that you get a fair chance to tell your side of the story.
• Seeking the best outcome. Whether getting charges reduced or dismissed, Summit Defense aims to provide the best possible result for our clients. Let us defend you against allegations of domestic abuse and domestic violence crime.

Contact Our Domestic Violence Defense Lawyer at Summit Defense for a Case Consultation

If you’re facing domestic violence charges, you must act quickly. Contacting a lawyer who understands the complexity of these cases can make a big difference.

Summit Defense offers case consultations to discuss your situation and how we can help. We aim to provide you with the support and defense you need during this difficult time. We also encourage you to check out our case results and client testimonials.

Even common domestic violence crimes are prosecuted vigorously in California. A California domestic violence conviction could change your life forever. Contact us today to schedule a case consultation.