Domestic Violence: What You Should Know

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Arrest and Emergency Protective Orders Law enforcement officers in California have mandatory arrest policies when they have probable cause to believe domestic violence occurred. At the time of arrest, officers often request emergency protective orders that take effect immediately.

Arraignment This is your first court appearance where charges are formally filed. The prosecution often requests a criminal protective order at this stage. Bail may be set or you may be released on your own recognizance with conditions.

Protective Order Hearing The court will determine whether to issue a temporary restraining order and set conditions such as stay-away orders, no-contact provisions, and move-out orders. These can have immediate impacts on your housing, employment, and family relationships.

Pre-Trial Proceedings This phase involves:

• Discovery: reviewing police reports, witness statements, photos, medical records, and other evidence
• Investigation: conducting independent interviews, gathering evidence, and potentially hiring expert witnesses
• Motions: challenging evidence, seeking dismissal, or requesting hearings on specific issues
• Plea negotiations: exploring resolution options with the prosecution

Trial If no plea agreement is reached, your case proceeds to trial where the prosecution must prove guilt beyond a reasonable doubt. Trials in domestic violence cases often hinge on credibility determinations, the availability of corroborating evidence, and expert testimony.

California law addresses domestic violence through several statutes with varying severity levels:

Penal Code § 273.5 - Corporal Injury to a Spouse or Cohabitant This is the most commonly charged domestic violence offense, classified as a wobbler (can be charged as either a misdemeanor or felony). It requires that the defendant willfully inflicted a corporal injury resulting in a traumatic condition upon a current or former spouse, cohabitant, fiancé, dating partner, or the parent of their child. Felony convictions can result in 2, 3, or 4 years in state prison.

Penal Code § 243(e)(1) - Domestic Battery This is a misdemeanor offense involving the use of force or violence against an intimate partner, even without visible injury. Penalties include up to one year in county jail and/or fines up to $2,000, along with mandatory completion of a batterer's treatment program.

Penal Code § 273d - Child Abuse When domestic violence involves a child victim, this statute applies. It's also a wobbler offense, with penalties increasing based on the severity of injury and circumstances.

Penal Code § 273a - Child Endangerment This charge applies when someone willfully causes or permits a child to suffer unjustifiable physical or mental suffering, or places them in a dangerous situation.

Penal Code § 422 - Criminal Threats Often charged alongside other domestic violence offenses, this involves threatening to commit a crime that would result in death or great bodily injury, causing reasonable and sustained fear.

Criminal Penalties Beyond jail or prison time, domestic violence convictions carry significant additional penalties:

• Mandatory completion of a 52-week batterer's intervention program
• Fines up to $6,000 for felony convictions
• Restitution to the victim for medical expenses, counseling, and other losses
• Probation terms typically ranging from 3-5 years with strict conditions
• Community service requirements

Protective Orders Courts routinely issue protective orders (restraining orders) in domestic violence cases, which can:

• Prohibit any contact with the alleged victim, including through third parties
• Require you to move out of a shared residence
• Restrict proximity to the victim's home, workplace, or children's school
• Remain in effect for up to 10 years after conviction
• Result in immediate arrest and additional charges for any violation

Loss of Gun Rights Federal and California law impose firearm restrictions on those convicted of domestic violence:

• Felony convictions result in a lifetime ban on firearm ownership
• Even misdemeanor domestic violence convictions trigger a 10-year firearm prohibition in California
• You must surrender any firearms you own within the timeframes specified by the court
• Violation of these restrictions is itself a felony offense

Immigration Consequences For non-U.S. citizens, domestic violence convictions can be devastating:

• Classified as a "crime of moral turpitude" or "crime of violence"
• Can result in deportation or removal proceedings
• May bar future immigration benefits or naturalization
• Can prevent re-entry to the United States after travel abroad

Employment and Professional Licensing A domestic violence conviction appears on background checks and can:

• Disqualify you from certain professions, particularly those involving children or vulnerable populations
• Result in suspension or revocation of professional licenses (medical, legal, teaching, etc.)
• Limit employment opportunities, especially in law enforcement, education, or healthcare
• Affect military service and security clearances

Child Custody and Visitation Family courts view domestic violence allegations very seriously:

• Creates a rebuttable presumption against awarding custody to the accused parent
• May result in supervised visitation only
• Can be used as evidence of unfitness as a parent
• Affects decisions even in cases where children were not directly involved

Self-Defense or Defense of Others California law permits the use of reasonable force to protect oneself or others from imminent harm. This defense requires showing that you reasonably believed you or another person was in imminent danger, that force was necessary to defend against that danger, and that you used no more force than reasonably necessary.

False Accusation Unfortunately, domestic violence allegations are sometimes fabricated due to relationship disputes, custody battles, or immigration matters. Your background in law enforcement may prove valuable in identifying inconsistencies in accusers' statements and investigating motives.

Insufficient Evidence The prosecution bears the burden of proving guilt beyond a reasonable doubt. This defense focuses on challenging the quality, credibility, or sufficiency of the evidence presented, including witness testimony, physical evidence, and police reports.

Accidental Injury Not all injuries resulting from domestic disputes are intentional. This defense demonstrates that any injury was the result of an accident rather than a willful act.

Lack of Traumatic Condition (for PC § 273.5) Since this charge requires proof of a "traumatic condition," demonstrating that no such condition existed or that any injuries were minor can be an effective defense.

Protect Your Rights Immediately

• Do not speak to police without an attorney present, even if you believe you can explain the situation
• Do not contact the alleged victim, even to apologize or "work things out" - this can      violate protective orders and be used against you
• Document everything: your injuries, the scene, witness contact information, and your recollection of events
• Preserve evidence such as text messages, emails, voicemails, and social media posts
• Seek medical attention if you were injured, as this creates documentation of your injuries

Contact an Experienced Defense Attorney 

Time is critical in domestic violence cases. Early intervention can mean the difference between charges being filed or rejected, felony or misdemeanor charges, or even a complete dismissal. An attorney can:

• Contact the prosecutor before charges are filed
• Appear at protective order hearings to minimize restrictions
• Begin investigating while evidence and witnesses are still available
• Protect you from making statements that could be used against you

Understanding Law Enforcement Procedures 

With 24 years in law enforcement, including three as Chief of Police, I understand how domestic violence investigations are conducted, what officers look for at crime scenes, and how reports are written. This allows me to:

• Identify procedural errors or constitutional violations in your arrest
• Recognize when evidence was improperly collected or documented
• Understand the pressures and biases officers may bring to these cases
• Challenge police conclusions and interpretations of evidence

Prosecutorial Insight 

My time as a Deputy District Attorney in Orange County gave me direct experience with how prosecutors evaluate and build domestic violence cases. I know:

• How prosecutors assess case strength and make charging decisions
• What evidence they rely on most heavily
• Their strategies for dealing with uncooperative victims
• Weaknesses they try to minimize or hide
• What factors influence plea bargaining decisions

Strategic Defense 

This dual perspective allows me to anticipate the prosecution's strategy and build defenses that address their strongest arguments before they're even made. I can identify the gaps in their case that they hope you won't notice.

NOTE:  The information provided is general in nature and does not constitute legal advice as every situation is different. You should consult with an attorney about your specific circumstances.