Most people arrested for domestic violence are mainly concerned about the penalties they might face if convicted.

California domestic violence cases encompass a variety of charges and penalties. While many are filed as misdemeanors, more severe cases can be charged as felonies.

The penalties for domestic violence include mandatory conditions for probation, protective orders, fines, and jail time.

Under California law, individuals convicted of a domestic violence crime face specific requirements and numerous collateral consequences directly related to that conviction.

In the California criminal justice system, the relationship between the defendant and the alleged victim significantly impacts the severity of the consequences.

While assault and battery are serious offenses regardless of the victim, California law imposes enhanced penalties when these and other acts qualify as domestic violence.

If you are facing domestic violence charges, you could be facing enhanced DV penalties if convicted, which can affect your life for years.

Key Takeaways

• Under California law, prosecutors have the discretion to charge many domestic violence crimes as either misdemeanors or felonies, which are known as wobblers.
• A prosecutor's decision typically depends on the extent of harm to the victim, whether a weapon was used, the defendant's criminal record, and other aggravating circumstances.
• The term "domestic violence" refers to crimes involving the use of physical force against specific individuals connected to the defendant.
• Victims of domestic violence include a spouse or former spouse, boyfriend, girlfriend, children, cohabitant, family members, and anyone with whom the defendant has a child.
• The most frequent domestic violence charges are domestic battery per California Penal Code 243(e)(1), child abuse under Penal Code 273(d), and corporal injury to a spouse as defined in Penal Code 273.5.
• California Penal Code 1203.097 outlines particular sentencing rules following a defendant's probation for domestic violence.

What Constitutes a Domestic Violence Offense?

Domestic violence is not a single specific crime but a category of offenses committed against a protected class of victims.

Under California Family Code Section 6211, domestic violence is defined as abuse perpetrated against specific individuals with whom the accused has a close relationship. These include:

• A spouse or former spouse
• A cohabitant or former cohabitant
• A person with whom the respondent is having or has had a dating or engagement relationship
• A person with whom the respondent shares a child
• A child of a party
• Any other person related by consanguinity (blood) or affinity (marriage) within the second degree

Certain offenses automatically qualify as domestic violence--for example, corporal injury to a spouse (Penal Code 273.5 PC) or domestic battery (Penal Code 243(e)(1)).

However, FAM 6211 extends that classification to many other crimes if the victim falls under one of the stated relationships with the defendant.

If a crime is charged as domestic violence, the court treats it differently from a simple assault or battery against a stranger, for example. The designation of "domestic violence" attaches specific statutory requirements to DV probation that do not apply to other criminal convictions.

Common Domestic Violence Crimes in CA

• Penal Code 243(e)(1) domestic battery
• Penal Code 273.5 corporal injury to a spouse
• Penal Code 273.6 violation of a restraining order
• Penal Code 422 criminal threats
• Penal Code 646.9 stalking
• Penal Code 368 elder abuse
• Penal Code 273d child abuse
• Penal Code 273a child endangerment
• Penal Code 591: damaging a telephone line
• Penal Code 601 aggravated trespass
• Penal Code 647(j)(4) revenge porn

Enhanced Penalties Under Penal Code 1203.097

If you are convicted of a domestic violence offense and granted probation, the judge does not have full discretion to determine your sentence.

California Penal Code Section 1203.097 mandates specific probation terms that must be imposed. These requirements make a domestic violence conviction far more burdensome than a conviction for a similar offense involving a non-domestic victim.

Under PC 1203.7, defendants convicted of domestic violence must be on probation for a minimum of three years.

Additionally, the court is obligated to issue a criminal protective order to safeguard the victim from additional acts of violence, threats, stalking, abuse, or harassment.

Any defendant not on probation may face up to one year in county jail for a misdemeanor or up to three years in California state prison for a felony.

What Are the Additional Penalties?

Suppose you are convicted of a domestic violence crime in California and placed on probation. In that case, the additional penalties are discussed below.

Mandatory Minimum Probation Period

The law requires a minimum probation period of 36 months (three years). While standard misdemeanor probation might last one or two years for other offenses, domestic violence cases require this extended period of court supervision.

During this time, any violation of law or probation terms can result in immediate incarceration.

Batterers Intervention Program (BIP)

Perhaps the most significant time commitment is the requirement to complete a Batterers Intervention Program. This is a 52-week program that requires weekly attendance. You must attend one two-hour session every week for a year.

The court requires proof of enrollment and periodic progress reports. Failure to attend these classes or being dropped from the program is a probation violation, often resulting in jail time.

Protective Orders

Courts are required to issue a Criminal Protective Order (CPO) protecting the victim from further acts of violence, threats, stalking, or harassment.

In many cases, judges issue "stay-away" or "no-contact" orders, which legally prohibit you from having any contact with the victim. This can force you to move out of your shared residence immediately, regardless of your financial situation or lease agreements.

The court might issue a "level one" protective order that permits peaceful contact with the victim, or it could impose a full stay-away order that bans all contact.

Financial Penalties

In addition to standard court fines and restitution, PC 1203.097 imposes a mandatory minimum payment of $500. This fee is specifically allocated to fund domestic violence programs and training.

This amount is separate from the costs associated with the Batterers Intervention Program, which the defendant is also usually required to pay.

Community Service and Possible Jail Time

The court must order you to perform a specified amount of appropriate community service. Furthermore, even if you are granted probation, the statute allows the court to impose jail time as a condition of that probation.

For example, a conviction under PC 273.5 often requires a minimum jail term if the defendant has prior convictions. However, judges often have discretion to impose jail time even for first offenses, depending on the severity of the injury.

Defenses Against Domestic Violence Charges

Given the severity of these mandatory penalties--and the aggressiveness with which prosecutors are likely to pursue a conviction--your best hope of avoiding a conviction or minimizing penalties is with the help of a skilled California criminal defense attorney. 

A good attorney can review the facts of the case and present numerous defense strategies to combat the charges, including but not limited to:

• False Accusations: Allegations of domestic violence can be fabricated or exaggerated, often stemming from emotional disputes, divorce, or child custody battles. Your attorney can challenge the accuser's credibility by highlighting inconsistencies in their statements.
• Self-Defense: You may claim self-defense if you used reasonable force to protect yourself or others from immediate harm. This defense is particularly relevant when it is unclear who the primary aggressor was.
• Accidental Injury: A conviction requires willful intent to cause harm. If the injury was accidental (e.g., a trip during an argument), the necessary criminal intent is absent.
• Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If the case lacks independent witnesses or corroborating physical evidence and relies solely on conflicting testimonies, the evidence may be insufficient for a conviction.

For more information or a case review, contact the domestic violence defense lawyers at Eisner Gorin LLP.