Whether you’ve been charged with a felony or a misdemeanor, it’s imperative to take a domestic violence charge seriously. A conviction can have severe and life-altering consequences in your life, making it all the more crucial to seek help from an experienced domestic violence defense attorney who can guide your legal steps and strengthen your defense.
If you or a loved one was accused of domestic violence, you may be wondering what comes next. In California, domestic violence laws can be complex and challenging to interpret. In many cases, the outcome of a domestic violence accusation is tied to other factors, such as a prior protective order or any police reports from a neighbor or witness who allegedly overheard a domestic disturbance.
What is Domestic Violence Under California Law?
The California court defines domestic violence as abuse or threats of abuse when the alleged victim and abuser have been in an intimate relationship or are closely related by blood or marriage.
According to California state law, domestic violence can occur between married or domestic partners, a person the alleged victim is dating or used to date, a person with whom they live or used to live, or a person they share a child with.
Domestic violence charges are rarely simple. In many instances, the police are obligated to make an arrest when abuse has been reported regardless of facts or lack of evidence. If you’ve been accused of domestic violence, it’s crucial to take action as soon as possible to avoid life changing consequences.
Types of Domestic Violence Offenses
Many fail to realize that a domestic violence charge doesn’t just include physical abuse (such as shoving, hitting, slapping, or biting) but also includes non-physical actions such as stalking, threats, harassment, or restricting access to finances, transportation, or a phone.
Keep in mind that domestic violence goes by many names, including:
- Domestic abuse
- Spousal abuse
- Family violence
- Relationship abuse
- Intimate partner abuse
- Domestic battery
- Spousal battery
- Intimate partner violence
Domestic Abuse and Domestic Battery
Domestic abuse and domestic battery are often used interchangeably, but there are significant differences between them. Essentially, domestic battery is a form of domestic abuse that escalates to physical violence.
Domestic abuse covers a range of abusive behaviors within a domestic relationship, including physical violence, emotional abuse, threats, intimidation, sexual abuse, and controlling behaviors.
Whereas, domestic battery specifically refers to the unlawful and willful use of force or violence upon a person whom the alleged abuser has a domestic relationship with. This includes everyone from spouses and former spouses, cohabitants such as roommates, romantic partners, and individuals who share a child with the alleged abuser.
Intimate Partner Violence and Spousal Abuse
Intimate partner violence (IPV) is defined as a pattern of abuse behavior used by one partner to gain or maintain power and control over another partner in an intimate relationship. This includes physical violence, sexual violence, stalking, and psychological aggression. IPV is seen in intimate relationships with current or former spouses, romantic partners, and cohabitating couples.
Spousal abuse is a more specific term referring to any form of abuse from one spouse against the other. This can include physical abuse, emotional abuse, sexual abuse, and even financial abuse.
Family Violence and Relationship Abuse
Family violence covers any form of abuse or neglect that occurs within a family setting. This includes child abuse, elder abuse, and IPV between family members.
Relationship abuse is a general term for any pattern of abusive behaviors exhibited by one romantic partner towards another in an attempt to gain or maintain power over the other. This includes any dating relationships, cohabitating relationships, and marital relationships.
While these terms have slightly different meanings, they all describe harmful behaviors within intimate relationships. Recognizing the various forms of domestic violence is crucial for understanding the scope of the problem and seeking help when needed.
Penalties for Domestic Violence Convictions in California
The consequences of a domestic violence conviction are dependent on the unique circumstances of your case. Factors such as your criminal record, prior arrests, or prior reports of domestic disturbance can impact the court’s decision.
Penalties are also reflective of the severity of the violence in question. At a minimum, a domestic violence conviction entails at least 3 years of probation and the completion of a court-ordered 52-week batterer's program.
Depending on the circumstances, a protective order (also referred to as a “stay-away order” or temporary restraining order) can be issued to protect the complainant from criminal threats, stalking, violence, or sexual abuse. It’s important to rely on a trusted lawyer who can help you interpret the law and prevent you from making costly mistakes if you find yourself on the other side of a protective order.
Domestic Violence Misdemeanors
Here are some basic penalties you may expect if convicted of a domestic violence misdemeanor:
- Probationary Period: Requirements for a probationary period are outlined in California Penal Code §1203.097.
- The Issuance of a Protective Order: Regardless of whether the offense involved physical contact, the court will often impose a minimum “Level One” protective order to protect the complainant’s safety if you are convicted of a domestic violence charge.
- Fines: If convicted, you may be required to pay a minimum $500 fine. Additionally, §1203.097 requires a $400 payment to fund state domestic violence programs.
- Community Service: If convicted, you will likely complete a certain amount of community service hours.
- Completion of a Mandatory Batterer’s Counseling Course: Successful completion is court-ordered.
- Jail Time: Those convicted of a domestic violence misdemeanor may serve up to 1 year in jail.
Fortunately, the California court is unlikely to impose a harsh sentence that entails all of the above, especially if it’s the defendant’s first offense or the criminal conduct isn’t determined to be severe. In many instances, the court may decide to suspend jailtime unless the defendant violates the terms of their probation.
It’s important to fully understand the terms of your probation to avoid a harsher sentence. Probation can include additional requirements such as drug testing, counseling for substance abuse or anger management, community service hours, court-ordered education courses, and the inability to own a firearm.
Domestic Violence Felonies
The punishment for a domestic violence conviction is dependent on several factors, such as the number of total charges accrued. This can help determine whether you’ll be charged with a misdemeanor or a felony. It’s imperative to know the difference between the two considering the drastic difference between the penalties involved.
A felony is considered the most serious criminal offense in California. It often entails severe penalties, such as:
- Prison time
- Loss of voting rights
- 3-5 years of probation
- 2-6 years in state prison
- The inability to own a firearm
- The inability to travel outside the U.S.
- Difficulties obtaining employment or housing due to your permanent record
When Does Domestic Violence Become a Felony in California?
There are various reasons why a domestic violence offense could result in a felony conviction, including:
- Child Abuse: Child abuse is a form of domestic violence in California. As a “three strike” offense, a third offense of child abuse can result in 25 years to life in prison. However, any conviction of child abuse that involves major injury (regardless of prior offenses) can result in life in prison.
- Use of a Deadly Weapon: Weapon use (such as a firearm, knife, or other tool used to threaten or conduct violence) can elevate the domestic violence charge to a felony.
- Violating a Protective Order: If a defendant violates the terms of a protective order or stay-away order, they may face felony charges.
- Bodily Harm: If the offense resulted in corporal injury or harm to the alleged victim, the defendant may face felony charges (such as if the person was choked or strangled).
- Prior History of Abuse: A documented history of abuse can result in a felony conviction for domestic violence. This may occur if neighbors called the police to report a domestic disturbance or if the alleged victim made a prior report documenting the abuse.
- Prior Convictions:. If the defendant has accrued multiple domestic violence offenses, they may be charged with a felony.
Common Defenses to Domestic Violence Charges
Domestic violence laws can be confusing and daunting. Rest assured that there are ways to beat domestic violence charges. Whether the allegations against you are unfounded or skewed facts were used to discredit your voice, there are various legal defense strategies that can give you the justice you rightfully deserve.
It’s essential to consult with a trusted criminal defense attorney who can help determine which legal strategy will be most effective for your case.
Common legal defenses against domestic violence include:
- Lack of Evidence or Unintentional Actions: Sometimes, a domestic violence offense isn’t the result of an attack, but an accident. An alleged victim who falls and hits their head during a heated argument cannot lawfully fault the defendant for their injury. However, this can be a tricky strategy to execute, as domestic abuse isn’t limited to physical injury. It’s vital to have an experienced attorney on your side who can help assemble and organize sufficient evidence.
- Unlawful Police Actions: Mistakes are part of human nature. In some instances, an officer can make an unlawful arrest based on personal biases or lack of information. Your attorney can help review police records to ensure that the court proceedings are just and fair.
- Self-Defense: Maybe your partner initiated the violence and things got out of hand. Maybe the alleged violence you committed was proportionate to your partner’s initial attack. Sadly, gender can play a role in unfair biases and falsehoods. In this instance, a skilled criminal defense lawyer can help obtain and present evidence that may shed a light on potential discrimination.
- False Allegations: In some cases, the complainant may make false allegations to obtain revenge or fulfill another motive. Your lawyer can help you build and strengthen your case with appropriate evidence of this if needed.
The Importance of a Skilled Domestic Violence Defense Attorney
Navigating the complexities of domestic violence charges requires a legal team with specialized knowledge and experience. At Lias Law Firm, our Santa Clarita domestic violence Attorneys are well-versed in the nuances of these cases. We leverage our deep understanding of domestic violence laws to craft effective defense strategies tailored to each client's unique circumstances.
At the core of our practice is a steadfast commitment to safeguarding our clients' rights. Facing domestic violence allegations can be overwhelming, but with Lias Law Firm by your side, you receive the dedicated legal protection you deserve. We ensure that your voice is heard and that you are treated fairly throughout the legal process.
We recognize that no two cases are alike. Our attorneys take the time to understand the specific details of your situation, allowing us to create a personalized defense strategy that aligns with your needs and goals. This individualized approach helps us to effectively address the unique challenges of your case and work towards the most favorable outcome.
With years of experience in defending domestic violence cases, Lias Law Firm boasts a proven track record of success. Our legal team has consistently achieved positive results for our clients, whether through negotiation, settlement, or litigation. This history of success underscores our ability to handle even the most challenging cases with competence and confidence.
Our approach to defense is strategic and thorough. We meticulously analyze every aspect of your case, from evidence gathering to witness interviews, ensuring no stone is left unturned. This comprehensive strategy allows us to identify weaknesses in the prosecution’s case and to build a robust defense that stands up to scrutiny.
Facing legal challenges can be daunting, but you are not alone. At Lias Law Firm, we provide unwavering support and guidance throughout the legal process. Our team is dedicated to keeping you informed and involved at every stage, offering reassurance and clarity as we navigate your case together.
By choosing Lias Law Firm, you are selecting a team that is committed to achieving the best possible outcomes while providing compassionate and professional legal support. Trust us to defend your rights and advocate for your future.
Contact Our Santa Clarita Domestic Violence Attorney Today
Our hardworking team at Lias Law Firm understands how intimidating it can be to face criminal charges. From prison time to fines to loss of your civil liberties, criminal cases can result in life-altering consequences. This is why it’s critical to secure the support of a trusted criminal defense attorney.
Antionette Lias has a successful track record defending the accused in Santa Clarita and Antelope Valley. She has trained with some of the most experienced attorneys in the criminal defense bar and understands how daunting the criminal defense system can be. Attorney Lias is here to listen to your side of the story and establish the most strategic legal approach to obtain a favorable outcome in court.
Attorney Lias personally represents each and every client that comes to her for legal aid and goes above and beyond what you’ll receive from other lawyers in the area. If you’ve been charged with a crime, don’t settle for a conviction without a fight. Choose a domestic violence defense attorney who is committed to navigating your case with compassion, transparency, and tireless advocacy.
Domestic Violence FAQs
What is the difference between a misdemeanor and felony domestic violence charge in California?
Domestic battery under Penal Code 243(e)(1) is always a misdemeanor and applies when force is used against an intimate partner without visible injury, carrying up to one year in county jail. Corporal injury under Penal Code 273.5 is a "wobbler" that can be charged as a misdemeanor or felony depending on the severity of the injuries and your criminal history, with felony penalties reaching two to four years in state prison. Lias Law Firm has successfully reduced felony domestic violence charges to misdemeanors and achieved dismissals for clients throughout the Santa Clarita Valley.
Can domestic violence charges be dropped if the victim doesn't want to press charges?
No. In California, only the prosecutor or a judge can drop domestic violence charges. The Los Angeles County District Attorney's Office follows a "no-drop" policy, meaning they can pursue a case even if the alleged victim wants charges dismissed. However, a skilled defense attorney like Antionette Lias can identify weaknesses in the prosecution's evidence and advocate for reduced charges or a dismissal on your behalf.
What are the penalties for a domestic violence conviction in California?
Misdemeanor domestic battery carries up to one year in jail, fines up to $2,000, and a mandatory 52-week batterer's intervention program. Felony corporal injury under PC 273.5 can result in two to four years in state prison, fines up to $6,000, and formal probation. A conviction can also lead to a lifetime firearm ban, restraining orders, negative impacts on child custody, and immigration consequences, making it critical to work with an experienced criminal defense attorney.
Will I get a restraining order if I am charged with domestic violence in Santa Clarita?
It is very likely. After a domestic violence arrest, law enforcement can request an emergency protective order lasting up to seven days, and prosecutors typically request a criminal protective order that stays in effect through the duration of the case. If convicted, the order can be extended for three additional years, and violating it is a separate criminal offense carrying up to one year in jail. Contact Lias Law Firm to help you navigate protective order requirements while defending your rights.
What are common legal defenses against domestic violence charges?
Common defenses include self-defense, false allegations (especially in divorce or custody disputes), lack of sufficient evidence, and accidental or unintentional injury. Your attorney may also challenge inconsistencies in witness statements, police reports, or the alleged victim's account. Attorney Antionette Lias personally reviews every detail of your case to determine the most effective defense strategy for your situation.
How does a domestic violence conviction affect my gun rights in California?
Any conviction for corporal injury under Penal Code 273.5 results in a lifetime ban on firearm ownership, even as a misdemeanor. Most other misdemeanor domestic violence convictions carry a ten-year state firearms ban, but a federal lifetime ban may also apply if the offense qualifies as a misdemeanor crime of domestic violence under federal law.
Can a domestic violence charge affect my child custody rights?
Yes. Family court judges can consider pending domestic violence charges or past convictions when making custody decisions, potentially resulting in restricted visitation, supervised visits, or reduced custody time. A criminal protective order may also prevent contact with your children if they reside with the alleged victim. Lias Law Firm works to protect both your freedom and your parental rights by fighting domestic violence charges aggressively from the start.
What is the statute of limitations for domestic violence in California?
For corporal injury charges under Penal Code 273.5, the statute of limitations is seven years for offenses committed on or after January 1, 2025, following the passage of SB 690 (Phoenix Act 2.0). Offenses committed before that date are subject to a five-year limit under SB 273. Misdemeanor domestic battery under PC 243(e)(1) still carries a standard one-year statute of limitations. If you are under investigation for a past incident, contact Lias Law Firm immediately for guidance.
Is diversion available for domestic violence cases in California?
Standard pretrial diversion under Penal Code 1001.95 is not available for domestic violence offenses. However, mental health diversion under Penal Code 1001.36 may apply if a diagnosed mental health condition like PTSD or bipolar disorder was a significant factor in the alleged offense. Lias Law Firm explores every available legal avenue, including diversion options, to achieve the best possible outcome for your case.
