What Counts as Domestic Violence in California?
Domestic violence in California involves abuse committed against someone with whom the accused has a qualifying relationship. This can include a current or former spouse, cohabitant, dating partner, fiancé, co-parent, or certain family members. Depending on the circumstances, domestic violence allegations may involve physical violence, threats, stalking, harassment, or other abusive conduct.
What Are the Most Common Domestic Violence Charges in California?
Common domestic violence charges include domestic battery, corporal injury to a spouse or cohabitant, criminal threats, and elder abuse. Each is a separate criminal offense with its own elements and potential penalties. The charge filed depends on the alleged conduct, the relationship between the people involved, whether an injury occurred, and other circumstances surrounding the incident.
Is Domestic Violence a Felony or a Misdemeanor in California?
Domestic violence can be charged as a misdemeanor or felony depending on the specific offense and circumstances. Some domestic violence offenses are wobblers, meaning they can be prosecuted either way. The severity of any injuries, the defendant’s criminal history, and the conduct alleged may affect how prosecutors charge the case.
Can an Alleged Victim Drop Domestic Violence Charges?
No. An alleged victim cannot personally drop criminal charges after a domestic violence case has been referred for prosecution. The prosecutor decides whether to file or continue pursuing the case. An alleged victim’s willingness to participate may affect the evidence available, but the prosecution can sometimes proceed without that person’s cooperation.
What Happens After a Domestic Violence Arrest in California?
After a domestic violence arrest, the defendant may be booked into jail and later released or held pending a court appearance, depending on the circumstances. The criminal court process typically begins with an arraignment, where the defendant is informed of the charges and enters a plea.
The court may also issue a protective order restricting contact with the alleged victim while the case is pending. The case can then proceed through pretrial hearings, negotiations, and potentially a trial.
Do I Need an Attorney for a Domestic Violence Restraining Order Hearing?
You are not legally required to have an attorney, but you have the right to be represented. A domestic violence restraining order can impose significant restrictions, including orders to stay away from or avoid contacting the protected person, move out of a shared residence, or relinquish firearms. A restraining order issued after a hearing can remain in effect for up to five years.
What Are the Penalties for a Domestic Violence Conviction in California?
Penalties depend on the offense and whether it is prosecuted as a misdemeanor or a felony. Possible consequences include jail or prison, fines, probation, required counseling or intervention programs, and protective orders. A conviction may also have consequences involving firearms, immigration status, employment, and other areas of a person’s life.
Will a Domestic Violence Conviction Affect My Gun Rights?
Yes, it can. California and federal law prohibit some people convicted of domestic violence offenses from possessing or purchasing firearms. The duration of the prohibition depends on the particular conviction and the law that applies. A domestic violence restraining order can also restrict firearm possession even when there has been no criminal conviction.
Can a Domestic Violence Case Affect Child Custody?
Yes. Domestic violence can affect child custody and visitation decisions in a separate family court proceeding. California courts must consider domestic violence when making custody determinations, and certain findings of domestic violence trigger a rebuttable presumption against awarding sole or joint physical or legal custody to the person who committed the abuse. Depending on the circumstances, visitation may also be restricted or supervised.
Can a Domestic Violence Conviction Be Expunged in California?
Some domestic violence convictions may qualify for California record relief, depending on the offense, sentence, and circumstances of the case. When relief is available, it does not simply erase the conviction or make the record disappear. Certain consequences of the conviction can remain even after record relief is granted.
What Should I Do if I Have Been Falsely Accused of Domestic Violence?
If you are falsely accused of domestic violence, you should avoid contacting the accuser if a court order prohibits contact, and do not discuss the allegations publicly or on social media. Preserve potentially relevant evidence, including text messages, emails, photographs, videos, and witness information. A criminal defense attorney can investigate the allegations and determine what evidence may contradict or undermine the accusation.
How Can a Domestic Violence Defense Attorney Help My Case?
A domestic violence defense attorney can investigate the allegations, review police reports and other evidence, interview witnesses, and identify weaknesses or inconsistencies in the prosecution’s case. An attorney can also challenge evidence when legally appropriate, negotiate with prosecutors, advise you about available resolutions, and represent you at hearings or trial.
Contact the legal team of Ahmed & Sukaram, Criminal Defense Attorneys to schedule a consultation at (650) 299-0500.