Domestic violence in California is governed by multiple laws which legislators have enacted to protect its victims. California Penal Code 13700 defines domestic violence as abuse that recklessly attempts to or causes great bodily injury upon another person. Domestic violence is a pattern of abusive behavior towards family members or a romantic partner.
What does Domestic Violence Look Like?
Abuse can manifest itself in many ways and be both physical and mental. California courts hold that domestic violence abuse can include any of the following:
- Physical assault
- Sexual assault
- Threats against one’s person
- Stalking
- Destroying property
- Threats against a loved one
What are the Penalties for Domestic Violence in California?
The penalties for domestic abuse charges depend on the circumstances and the severity. Domestic abuse can be either a felony or a misdemeanor. If the injuries are not significant, a judge may decide to put the defendant on probation rather than in jail. The following is a list of domestic abuse laws and their penalties:
Types of Domestic Violence in California
California law defines multiple types of violence and abuse as criminal offenses. These charges vary in severity of violence, whether children are involved, and circumstantial factors which can elevate the crime. It is important to understand the difference between charges as the penalties vary in severity. Domestic violence charges can range from a mere violation to a full felony charge. It is important to note that those convicted of domestic violence lose particular rights. If a court convicts an individual of domestic violence, they may not own or possess a weapon under federal law.
Corporal Injury to a Spouse or Inhabitant
California Penal Code 273.5 states that it is a felony to inflict corporal injury resulting in a traumatic condition willfully. PC 273.5 applies to individuals who were spouses, those who lived together or currently live together, and couples sharing children.
Since this law is a felony offense, the penalties are more extreme. If one inflicts corporal injury upon a spouse, they may face up to four years in county jail and a fine of up to $6,000.
Domestic Battery
California Penal Code 243 states that it is unlawful to inflict violence on an intimate partner. Domestic battery is extensive, and many types of violence can fall under this category, especially since it is a misdemeanor law. Examples may include pushing or hitting. The penalties for committing domestic battery include a fine of up to $2,000 and a maximum of one year in county jail.
Criminal Threats
California Penal Code 422 states that it is illegal to proclaim a threat against another individual that can result in great bodily injury or death. PC 422 can be a misdemeanor or a felony depending on the severity and if it is a repeat offense. For misdemeanors, the punishment is up to one year in jail. For felonies, the sentence is up to four years in prison.
Stalking
California Penal Code 646.9 forbids stalking, which it defines as maliciously following or maliciously harassing an individual and making credible threats that would make a person fearful. Defendants who receive a misdemeanor charge face up to one year in county jail and a fine of up to $1,000. Defendants who receive a felony charge can be in prison for up to five years.
If the defendant has violated a restraining order or an injunction, they will have state imprisonment for between two and four years.
Aggravated Trespassing
California Penal Code 601 states that aggravated trespassing occurs when an individual makes a credible threat of violence towards another person and then goes to their home, workplace, or any other place they frequent to carry out the said threat. Those found guilty face up to three years in jail.
Laws that Involve Children
While commonly thought of as something between couples, domestic violence can also impact children. California law lays out penalties for those who inflict or attempt to inflict great bodily injury onto children.
California Penal Code 273a states that criminal child endangerment occurs when someone permits a child to suffer or inflicts an unjustifiable amount of physical pain or mental suffering. Those who receive a misdemeanor charge face up to six months in jail, while those who receive a felony charge face up to six years in prison.
California Penal Code 270 defines “child neglect” as failure to provide care. Guardians who willfully, without excuse, neglect to feed, provide medical care, provide clothing, or any other necessities can receive a misdemeanor charge. Neglect charges include a fine of up to $2,000 and up to one year in county jail.
Domestic Violence Restraining Orders
Courts issue a domestic violence restraining order to protect abuse victims from their abusers with whom they have a close tie. Courts may grant a domestic violence restraining order if:
- A person has or threatens to abuse another individual
- The two individuals have a close relationship, which may include couples, exes, divorced couples, or those who are closely related.
The law does not require physical harm to be present for a restraining order to be issued. However, proof of bodily injury may make it more likely.
Victims of domestic violence can petition the court for a restraining order. The restrained is unable to do any of the following:
- Going near the victim and their close family members
- Approaching the victim’s property
- Going near the victim’s place of work or their children’s school
- Owning a gun
- Making any significant life changes that may impact the victim
It is illegal for the restrained to violate the protective order. California Penal Code 273.6 states that if the abuser did not physically harm the victim, the violation is a misdemeanor. A misdemeanor violation includes a fine of up to $1,000 and imprisonment in the county jail for up to one year. If the restraining order violation results in physical injury, the restrained will likely have to pay a higher fee and more jail time.
CLETS & Domestic Violence Restraining Orders
The California Law Enforcement Telecommunications System (CLETS) is a database that shows California law enforcement that the restraining order is in place and effect. CLETS allows domestic violence victims some comfort since it makes protective orders more enforceable and allows them to be safer. Once the judge decides to issue a restraining order for domestic violence cases, he may order law enforcement to enter it into CLETS. This restraining order will then be active anywhere in the United States.
While judges usually determine that domestic violence restraining orders should go into CLETS, there may be some in-between time when the judge has not issued a permanent restraining order and the current restraining order is a temporary one. If it is a temporary restraining order, it cannot go into the CLETS system. If the judge does decide to issue a restraining order in a domestic violence case, then the restraining order can go into CLETS.
Types of Domestic Violence Restraining Orders
Courts can grant many different types of restraining orders for various reasons. The court’s type of order depends on the circumstances and where the parties are in the trial process. The domestic violence restraining orders are the following:
Emergency Protective Order (EPO)
For this protective order, law enforcement asks a judge to issue this order in dire circumstances. It is possible to administer it at any point in the day and lasts up to seven days.
Temporary Restraining Order (TRO)
Temporary restraining orders, or TROs, are issuable before more permanent restraining orders and usually last between 20 and 25 days or until the court hearing date. A judge may issue this order without a hearing or notice granted to the defendant. Based on the facts, the judge will determine whether to grant TRO. A TRO restraining order does not show up in the CLETS database.
(Semi) Permanent Restraining Order
After hearing from both sides, the judge decides whether to grant a permanent restraining order. These orders only last up to five years, but it is possible to renew and reinstate them if found to be necessary. The judge will likely decide to enter these restraining orders into the CLETS system.
Criminal Protective Order
If an individual has harassed or been violent towards the victim, the district attorney may file criminal charges against them, starting a criminal court case. In criminal court, the judge can issue a protective order against the accused while the case is ongoing and for up to three years afterward if they are found guilty. The judge will likely determine that law enforcement should enter these restraining orders into the CLETS database.
Can Domestic Violence Charges be Dropped?
California Penal Code 13700 defines domestic violence as abuse that recklessly attempts to or causes great bodily injury upon another person. If the defendant can convince the prosecutor that they are not guilty of this crime, the prosecutor may decide to drop the charges. Only the prosecutor, not the victim, can drop domestic abuse charges. Once the state is aware of the victim’s accusations, they take complete control over the case.
Prosecutors may drop domestic abuse charges in certain situations. For instance, insufficient evidence, contradicting claims, lack of witnesses, and lack of injuries may cause a prosecutor to drop charges. The prosecutor will use their best judgment when determining whether to drop domestic abuse charges.
Contact Pride Legal
If you or a loved one has experienced or is trying to escape domestic violence, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.