Orange County Criminal Defense
Domestic violence refers to abuse that occurs between married spouses, cohabitating partners, people who are dating, former dating partners, former cohabitants, and former spouses. It also can refer to various types of abuse beyond physical abuse, including threats, verbal abuse, stalking, unwanted sexual touching, destroying property, child abuse, and child endangerment.
Domestic Violence Statutes
There are two principal domestic violence statutes in California—Penal Code Section 273.5 and Penal Code Section 243(e)(1). Section 273.5 is a “wobbler” offense, which means that the prosecutor can file this charge as a felony or as a misdemeanor. In general, felony convictions carry the potential punishment of state imprisonment, whereas misdemeanor convictions carry the potential penalty of time in county jail. Individuals who are convicted also can be fined up to $6,000.
This statute makes it unlawful for any person to willfully inflict bodily injury resulting in a “traumatic condition” upon a “spouse, former spouse, cohabitant, former cohabitant, or the mother or father of [the person's] child.” Section 273.5′s impact is far-reaching because the resulting injury does not have to be external and serious, since a “traumatic condition” can include injuries that are internal and minor in nature. Consult an Orange Country criminal law firm for additional information.
Section 243(e)(1) is a separate domestic violence statute prohibiting the battery of a spouse, cohabitant, and former or present dating partner. A person convicted under this statute faces a potential penalty of up to $2,000 in fines, imprisonment in county jail for up to one year, or by both fines and imprisonment.
Other Potential Penalties
Additional consequences of a domestic violence conviction can include having to complete a batterer’s counseling program, taking anger management classes, having a restraining order or protective order issued against you, and possible deportation if you are a not a U.S. citizen. Criminal convictions also appear on the convicted individual’s criminal record, making it difficult to obtain employment.
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