Domestic Violence Offenses In California
WHAT IS A DOMESTIC VIOLENCE OFFENSE?
The term “domestic violence” is a term of art, meaning that the legal meaning is different from what the term may mean to you. In California domestic violence is defined by PC 13700. In the eyes of the law, domestic violence means there is a relationship between the person alleged to have committed the crime, and the alleged victim. That means that domestic violence is not a classifier of the type of crime that occurred, but only a designator of the relationship between the parties.
Who qualifies as a victim of domestic violence?
a family member
a person you live with
an “intimate partner”, which may be any of the following:
a current or former spouse or domestic partner
someone you currently are, or were in a dating relationship with.
someone that you have or had a child with
someone you previously lived with
What types of offenses are considered domestic violence?
Domestic violence crimes are classified by the relationship, not by the type of offense. So, there are various types of crimes that can be considered domestic violence crimes. A domestic violence charge just not require abuse or physical violence, so some of these charges may not sound like what you would expect in a domestic violence offense. If the offense is alleged to be committed against a spouse it can be charged that way. For example, even property crimes could be charged as domestic violence, if the property owner is a relative or partner.
Some domestic violence offenses include:
Read more about your specific charge by clicking on it above!
WHAT CAN YOU DO ABOUT A DOMESTIC VIOLENCE CHARGE?
You can get help at any stage of this process. If you have been accused of, arrested for, charged with, or even convicted of a domestic violence charge we can help.
What can I do if I have been accused of domestic violence?
If something that would qualify as domestic violence has happened, or accusations have been made against you, don’t just wait and see what happens. It is never too early to get advice, an attorney can help you decide whether it is time to get an attorney on board. Time is of the essence in criminal cases, and early intervention can make a huge difference in your case.
We can work to stop charges from ever being filed against you at all, so that you can walk away with a clean record.
If you need help stopping charges from being filed against you, schedule a free consultation to get help here.
If police want to talk to you, consult an attorney before ever agreeing to speak to them alone.
You have a right to have an attorney be your side throughout this process. If law enforcement wants to speak with you, read more about your rights and what to do here.
What can I do if I have been arrested for domestic violence?
If you have been arrested for a domestic violence offense, there still may be time to stop the charges from being filed against you. For many people, even an accusation of domestic violence can cause them trouble in their life or work. For that reason, many people make the decision to bring an attorney onboard early to work to stop the case from progressing any further. If you are in this position, you can schedule a free consultation here to find out what we can do to help you, and if getting an attorney’s help now is right for you.
If you have only been arrested, and no charges were filed, there are ways to clean up your arrest record. Contact us, for more information.
What can I do if I have been charged with domestic violence?
If domestic charges have been filed against you, then you will have a date set to appear in court. You have a right to have an attorney represent you in court, take advantage of that right and never go it alone. If charges have been filed that means the court process has begun and you will need an attorney’s help to navigate that. Start your search early so you will have an attorney for your first court date. You can read more about what to do if you are charged with a crime here.
Can I get a domestic violence charge dismissed?
Yes you can. Just because charges have been filed against you, doesn’t mean you have to settle for a conviction and the consequences that come along with it. An attorney can you help you fight to get your charges dismissed, and get you the best result possible. Read more about possible case outcomes here or schedule a free consultation to discuss the specifics of your case here.
What can I do if I have been convicted of domestic violence?
If you have been convicted of a domestic violence charge, the fight does not have to end there. You may have grounds for an appeal, or be eligible for resentencing to receive a lighter sentenced. You can also get legal help with the consequences of these charges, such as help reinstating your right to possess firearms. Many people also have probationary conditions they must complete after a sentence which can require you to go to hearings before the court. Probation violations can result in additional punishments, but we can help advocate for you if this happens to you. Learn more about the consequences of a domestic violence charge and what can be done about them below.
WHAT HAPPENS IF I AM CONVICTED OF A DOMESTIC VIOLENCE CHARGE?
Unfortunately, domestic violence convictions can have serious consequences.
Some of these consequences are mandatory – meaning they will apply to everyone facing a conviction for a domestic violence charge. Some of these potential consequences are discretionary – meaning it is up the terms of the resolution your attorney can work out for you, and ultimately what the judge decides.
Here is an overview, below:
CONSEQUENCES OF DOMESTIC VIOLENCE CONVICTIONS
These potential consequences include, but are not limited to:
Jail or Prison Time
Community Service Work
Electronic Home Monitoring
Probation
Fines and Restitution
Domestic violence class
Protective order
Loss of firearms rights
Read more about each below.
Jail or Prison Time
Misdemeanors carry the possibility of jail time, which is time that is less than one year. Felonies carry the possibility of prison time. If you are sentenced to time over one year, that time will be served in a prison, but if it is less than one year it will be served at a local jail. Each offense has a different sentencing range, where the judge will sentence you within that range if you are convicted. In California, each offense has a low, mid, and high term range. Which range you fall into will depend on whether there are any “sentencing enhancement” or “special allegations”. These are aggravating factors that must be proven in court or admitted to pursuant to a plea, and they can place you in a higher sentencing range.
Community Service
In some cases, a judge may allow you to serve your jail sentence by completing community service instead. When this is a case the conversion rate is higher, for example one day of jail (24 hours) may convert to 72 hours of community service to satisfy the jail requirement. There will be a date the community service must be completed by, and if not done by that date the outstanding time could be converted back to jail time. Community Service must be completed at a Non-profit organization and you must have someone sign off on your hours as proof. That proof also must be submitted to the court so that they know you have completed it.
Electronic Home Monitoring
A court may allow you to serve your sentence by Electronic Home Monitoring (EHM), commonly known as house arrest. An EHM ankle monitor that cannot be removed will track your movements and report back to the jail that is monitoring you. EHM is a great option because it allows people to work while serving their sentence. In fact you can do work, run to the grocery store, go to the doctor, etc. as you normally would, but all movements must be pre-scheduled and approved by the jail monitoring you. If you are not where you are supposed to be at any given time, you could be in violation of your EHM and be required to serve your sentence in jail, or even get additional charges. Some counties are not able to monitor you if you reside outside of the county, and it does require a stable living situation in order to be approved.
Community Service: Mandatory 72 Hour Requirement for DV offenses
For domestic violence cases, the court will order 72 hours of community service as a mandatory requirement. This would be additional to any jail that is ordered, even if the jail is also served in the form of community service.
Probation: Mandatory 3 Year Requirement for DV offenses
All domestic violence convictions have a mandatory probation requirement of 3 years, as a part of the sentence, which means the court does not have the option of giving you a shorter probationary period. This applies to misdemeanors as well, which can be frustrating because where some felonies only carry a two-year probationary period requirement; for a domestic violence misdemeanor it will still be 3 years.
Formal vs Informal Probation
In California, there are two different kinds of probation. Formal probation is supervised probation – meaning you will need to check in with your probation officer. Informal probation will be unsupervised, meaning you will not need to regularly check in with your probation officer, but there will still be conditions. The level of supervision depends on your case and the requirements imposed by your sentence. When you are sentenced the court may give you affirmative conditions – things that they are asking you to do; and negative conditions - things that they are asking you not to do during that period. For example, an affirmative condition may be to complete a class, like a domestic violence course. A negative condition may be to not commit any crimes during the probation period. Your probation will be supervised if there are affirmative conditions in your sentence. If your probation is informal, it will be unsupervised, meaning as long as you stay away from those negative conditions you will be in good standing with probation.
Will my probation be formal or informal?
Because a domestic violence charge sentence carries some mandatory affirmative conditions, the probationary period will be supervised, and therefore formal probation.
Can I terminate my probation early?
Yes. Under PC 1203.3, you can request a modification to the terms of your probation at any time. If you are on supervised probation and have completed the affirmative conditions of your sentence – for example community service or restitution, you can request to be modified to informal probation where you do not need to check in with your probation officer. You can also request probation be terminated early before the 3 year period. It is even possible to ask the court to terminate the probation early and grant an expungement at the same time.
Mandatory Restitution and Fines
Restitution is a mandatory requirement if it is requested by the victim. After being requested by the victim, the amount must then be approved by the court. Restitution is reimbursement to the victim for damages that were caused by the crime. Examples of restitution payments can be: reimbursement for property damage, medical bills, counseling, lost wages, even less expected costs that are collateral damage of the offense. Restitution may be something you agree is fair as a part of an agreement, or may be an issue you argue before a judge who will ultimately decide what is fair.
For domestic violence charges convictions there is a mandatory fine of $500 to the domestic violence fund, which will be imposed by the court and cannot be waived. Fines can be paid on a payment plan, just keep in mind all your affirmative conditions will not be met until you have completed your payments.
Domestic Violence Class
Domestic violence classes are required for a conviction for a domestic violence offense. That class is a 52-week batterers program, and your chosen program must be approved by the court or probation. Completion of this program is an affirmative condition of probation, and you must also submit proof of completion.
Protective Order
As a part of a conviction for a domestic violence offense, the court will impose a criminal protective order that can last up to ten years.
Firearm Prohibition
Almost all domestic violence convictions will result in the loss of your firearm rights, sometimes forever. This means you will not be allowed to lawfully possess a firearm or ammunition, and doing so would be a crime. We can help you request a reinstatement of your firearms rights.
Misdemeanors
Most misdemeanor domestic violence convictions will result in a ten-year ban, but there are important exceptions:
273.5 : Corporal Injury to a Spouse or Cohabitant
A conviction for Penal Code section 273.5 – Corporal Injury to a Spouse or Cohabitant will result in a lifetime prohibition on firearms rights. Read more about this charge here.
Federal Ban
There is a federal firearms bans for people convicted of domestic violence offenses as defined by federal law. If the offense qualifies as a domestic violence misdemeanor under federal law, it could result in a lifetime ban.
Felonies
All felony domestic violence convictions result in a lifetime prohibition against owning or possessing firearms.
