Domestic Violence Crimes

DOMESTIC ABUSE – SPOUSAL BATTERY – PENAL CODE SECTION 273.5
PENAL CODE SECTION 243(e)(1) – PENALTIES

California domestic violence cases typically begin like any argument couples may encounter in a relationship. They start with a verbal disagreement, emotions escalate, and before you know it there is a full-blown argument. The argument heats up to the point of physical confrontation and someone ultimately gets hurt or feels threatened by the physical contact and calls the police. Before long, police officers are at your door. They separate the couple, take statements, photograph any injuries and take someone to jail. (You should be aware that if the police show up on a domestic violence call, someone will be taken to jail. Police officers are not relationship counselors. They are there to protect the public.)

Feelings of shame, embarrassment and remorse can overwhelm not only the person arrested, but also the loved one who called the police. Undoubtedly, domestic abuse cases not only have serious legal consequences but will seriously impact your relationship as well. While domestic violence cases can be devastating, they can also represent a turning point for those couples that would like to stay together. Thus, in some instances, it can be the impetus for getting help in an effort to learn how to better handle these situations in the future.

California Domestic Violence Law

California domestic violence cases are primarily governed by Penal Code Section 273.5 and Penal Code Section 243(e)(1):

Penal Code Section 273.5 in general is defined as the infliction of corporal injury resulting in a traumatic condition upon anyone the defendant has, or previously had, a dating or domestic relationship. A traumatic condition can be any kind of visible injury ranging from a bruise to a broken nose. This offense can be either a felony or a misdemeanor.

Penal Code Section 243(e)(1) in general is defined as committing battery against anyone the defendant has, or previously had, a dating or domestic relationship. This section does not require a visible injury and can only be a misdemeanor offense.

Abuse involving any of the following individuals would constitute domestic violence in California:

  • Spouse
  • Former spouse, divorced or separated
  • Cohabitant
  • Boyfriend or girlfriend
  • Any individual with whom you are/were in a dating relationship
  • Father or mother of your child

Domestic abuse can also take on many forms. Examples of domestic abuse may include any of the following:

  • Hitting
  • Slapping
  • Kicking
  • Pushing
  • Shoving
  • Biting
  • Hair Pulling
  • Scratching

Domestic Violence Defenses

Domestic violence cases are often complex due to the heated nature of the dispute and the emotions involved. As a result, it is not uncommon for accusations to be exaggerated or details of the dispute left out. There are two sides to every story and this could not be more true than in domestic abuse cases. Some of the more common defenses may include the following:

  • False accusation – Unfortunately, these situations are more common than we would like to think. These situations occur when one individual is being vindictive or trying to gain some sort of leverage over the other, such as a jealous girlfriend or a mother trying to gain custody of a child.
  • Self-defense – This often occurs when one person has to use force in order to stop a physical assault by the other such as a husband tightly grabbing his wife or pushing her away to stop her from hitting him.
  • Accident – This occurs when there is unintentional contact that occurs in the heat of the moment.

Whether or not any of these or other defenses apply to your case will ultimately depend on the facts of the case.

Can the complaining individual have the charges dropped?

The answer is most likely no. It is very common for the complaining person to want the charges dropped after everything has cooled down. Usually, the individual is overcome with a great sense of remorse after seeing his/her loved one taken to jail and realize the potential consequences this may have on them. Unfortunately, a change of heart does not have a great impact on whether the case is prosecuted.

Potential Consequences

Should you suffer the misfortune of a conviction, the potential legal consequences of domestic violence can be quite harsh. The following is a general list of what can possibly happen if you are convicted of domestic violence:

Misdemeanor conviction:

  • County jail sentence
  • Domestic violence counseling (52 week)
  • Community service
  • Physical labor
  • Fines / fees
  • Stay away order / Peaceful contact order

Felony conviction:

  • Same as above or state prison sentence of up to three years maximum

The above is just a range of what could possibly happen. Ultimately what happens will depend on the facts of each particular case. There are certain factors that can aggravate a case and lead to harsher punishment, such as infliction of a serious injury, having a child present at time of incident, or having prior domestic violence convictions.

If you or a loved one has been charged or accused of committing a crime of domestic violence it important to hire a lawyer with the experience to help you achieve the result you deserve. The Law Offices of Gabriel Dorman has successfully defended numerous clients charged with domestic violence in Los Angeles, Orange, Ventura, San Bernardino and Riverside counties. The Law Offices of Gabriel Dorman is committed to defending your legal rights and providing honest and competent representation with a focus on achieving the best result for you.