Almost every California jurisdiction has extensive law enforcement resources, individual prosecutors, and court rooms dedicated to aggressively prosecute charges of domestic violence, whether or not the alleged victim declines to press charges. Allegations of domestic violence can affect your liberty, your child custody status, your ability to travel, your right to possess a gun and your immigration status.
Domestic violence is a classification of violent crime that focuses on the relationship between the defendant and the complaining witness. California Penal Code section 273.5 identifies the necessary relationships as spouses, former spouses, cohabitants, former cohabitants, or having children in common. A defendant may be charged with either felony or misdemeanor counts of domestic violence if the indicated relationship exists and an corporal injury was inflicted, usually depending on the extent of the injuries inflicted and whether there have been prior domestic violence convictions or occurrences.
A conviction for violating section 273.5 requires a minimum three year probation and successful completion of a 52 week domestic violence counseling course. Additionally, custody time, anger management programs, parenting classes, fines, and protective orders may be imposed by the court.
California Penal Code section 243(e)(1) is a misdemeanor domestic violence charge that does not require any observable injury and also includes those in an intimate and/or dating relationship. Similar to a violation of section 273.5, the statute requires three years probation and successful completion of the 52 week domestic violence counseling.
At RAAB | MAHONEY, we successfully and aggressively defend cases involving allegations of domestic violence and domestic violence protective order hearings. Please contact us.