California Domestic Violence Laws – What You Need to Know

Domestic violence accusations can be life-changing. Defend your freedom and your reputation. Call Los Angeles domestic violence defense attorney Robert M. Helfend today – 800-834-6434.

California’s criminal justice system has a noble and well-meaning mission to protect people in all domestic arrangements, but all too often, misunderstandings and false accusations lead to innocent people facing criminal consequences.

Regardless of the circumstances, being accused of domestic violence can lead to the loss of your job, damage to your reputation, strained relationships with family and friends, and even the loss of custody of your children.

If you are facing domestic violence allegations, you need to take important steps to defend not just your freedom but your reputation. An experienced domestic violence attorney in Los Angeles can help you understand your case and the options ahead of you.

With more than 40 years defending cases of domestic violence crimes, the Helfend Law Group is here to help. Call us today at 800-834-6434.

Understanding California’s domestic violence laws

Domestic violence cases are prosecuted based on the specific offenses that took place during the incident. Depending on the facts of the case, it’s possible to be charged for multiple offenses in the same incident.

Here are some of the most common domestic violence crimes:

Corporal Injury to Spouse (California Penal Code 273.5 PC)

This is the most common domestic violence crime charged in California courts. This law makes it illegal to inflict “corporal injury resulting in a traumatic condition” upon a spouse, cohabitant or the parent of your child.

Corporal injury refers to any physical injury, whether minor or serious.

In order to convict someone of corporal injury to a spouse, a prosecutor has to prove:

1. The defendant willfully inflicted a corporal injury upon the victim. It’s important to note here that “willful” doesn’t mean that the defendant intended the consequences of their act, simply that they inflicted physical force on their partner and meant to commit the act that resulted in injury.
2. The injury was inflicted on someone with whom the defendant had a domestic relationship.
3. The defendant’s actions resulted in a traumatic condition. Remember that any kind of injury can qualify: from a broken bone to swelling or redness.

Disobeying a Court Order (273.6 PC)

Violating a domestic violence restraining order or engaging in prohibited contact with a protected party is a violation of 273.6 PC. This is a misdemeanor on the first offense, but the penalties can get steeper if the defendant is accused of repeated violations of the court order.

Battery (242 PC)

Battery is the unlawful use of force or violence against another person. In the context of domestic violence, this may involve any unwanted physical contact, even if it does not result in visible injury.

Assault (240 PC)

Assault is an attempt to commit a violent injury on another person, or the threat of violence coupled with the present ability to carry out the threat. This charge may apply in situations where no actual physical contact occurred.

In other words, say if in a domestic situation, one partner raised their fist and threatened to punch a partner. They already might be guilty of assault, even though they never physically touched their partner.

Criminal Threats (422 PC)

Making criminal threats involves threatening to kill or physically harm someone, causing them to be in sustained fear for their safety or the safety of their immediate family. This charge can apply whether or not the threat was carried out.

Can you be charged for emotional abuse under California’s domestic violence laws?

While everything we covered above generally applies to cases of physical violence, California law also allows for the prosecution of defendants for emotional abuse.

This is commonly seen in the criminal threats statute we discussed above (in 422 PC), which makes it illegal to put someone in a state of sustained fear. This can apply to certain forms of sustained emotional abuse.

This can also apply in cases of child abuse and elder abuse. Specifically, the crime of child endangerment (273a PC) involves willfully inflicting unjustifiable mental suffering on a child.

Penalties for domestic violence charges

The penalties for a domestic violence charge in California can be severe and long-lasting. Depending on the nature of the offense and your criminal history, you may face:

• Jail or prison time
• Fines
• Probation
• Mandatory counseling or anger management classes
• Loss of child custody or visitation rights
• Loss of the right to own or possess firearms
• Restraining orders or protective orders

Here are typical penalties we see for common domestic violence cases:

Corporal Injury to Spouse (273.5 PC)

Corporal injury to a spouse is a “wobbler,” meaning that it can be treated as either a felony or misdemeanor, depending on the facts of the case and the defendant’s criminal history.

A misdemeanor conviction under 273.5 PC is punishable by up to a year in county jail and fines of up to $6,000.

The offense will be treated as a felony in cases where:

• The defendant has a criminal history, especially in prior domestic violence convictions
• The injuries to the victim were significant
• The defendant used a weapon in the alleged crime

In practice, we see felony charges more commonly than misdemeanor charges. A felony conviction carries penalties of up to four years in state prison and up to $6,000 in fines.

Disobeying a Court Order (273.6 PC)

As we mentioned above, disobeying a protective court order can be treated as either a felony or misdemeanor depending on the facts of the case.

On a first offense, a 273.5 PC violation carries up to a year in county jail, fines of $1,000 and probation terms that typically carry mandatory counseling and anger management. Subsequent offenses will generally also be treated as misdemeanors, but fines will rise up to $2,000 per offense.

In the case of an aggravated offense, which involves an act of violence, a credible threat of violence or an injury to the victim, disobeying a court order can be charged as a felony.

As a felony, disobeying a court order carries up to three years in state prison and fines of up to $10,000.

Battery (242 PC)

Simple battery is a misdemeanor under California law, punishable by up to six months in county jail and fines of up to $1,000. It rises to the level of a wobbler if the battery resulted in serious bodily injury to the victim, with felony battery punishable by up to four years in state prison and fines of up to $10,000.

Assault (240 PC)

Similar to battery, simple assault is a misdemeanor. It is punishable by up to six months in county jail and fines of up to $1,000. Aggravated assault is a wobbler that can carry up to four years in state prison and fines of up to $10,000.

Criminal Threats (422 PC)

Criminal threats is also treated as a wobbler. A misdemeanor conviction can include up to a year in county jail and fines of up to $1,000, while a felony conviction carries penalties as high as three years in state prison and fines of up to $10,000.

A felony conviction for criminal threats is also considered a “strike” under California’s Three Strikes Law, which mandates a 25-years-to-life sentence on the third time that a defendant is convicted of a serious felony.

Defenses against domestic violence charges

Domestic abuse cases are never simple, and that’s because our relationships with each other are often complicated.

Each case is different, so the best defense in your case will depend on the evidence and facts on hand. However, by working with an experienced criminal defense attorney, you can work to build your defense and avoid a domestic abuse conviction.

Some of the most common defenses against domestic violence charges include:

1. Self-Defense – If you used force to protect yourself or someone else from imminent bodily harm, you may be able to argue that your actions were justified as self-defense.
2. False Accusations – In some cases, the alleged victim may make false accusations out of anger, jealousy, or a desire for revenge.
3. Insufficient Evidence – The prosecution must prove beyond a reasonable doubt that you committed the offense. If there is insufficient evidence to support their case, your attorney can argue for the charges to be dropped or reduced.
4. Consent – In certain situations, the alleged victim may have consented to the physical contact that led to the domestic violence charge. If this can be proven, it may serve as a defense against the charges.
5. Lack of Intent – As we mentioned above, the the prosecution must prove that you intended to commit the act that led to the domestic violence charge. If you can show that your actions were unintentional or accidental, this may serve as a defense.

Your domestic violence lawyer will work with you to evaluate the evidence in your case and build the best possible defense.

Don’t let a domestic violence accusation destroy your life. Contact Robert M. Helfend, a Los Angeles domestic violence defense lawyer, today for a free consultation. Call 800-834-6434.

Published January 22, 2013. Updated May 14, 2024.