Fullerton Criminal Defense Attorney

Accusations of domestic violence in California are among the most serious and emotionally charged criminal allegations. Unlike other assault or battery cases, these charges carry unique legal nuances, specific penalties, and often involve protective orders that can profoundly impact your life, family, and freedom. Understanding what is domestic violence in California and the laws governing it is crucial if you or a loved one is facing such an accusation.

At Poseidon Defense APC, our domestic violence attorney team understands the high stakes involved in these cases. We provide compassionate yet aggressive defense, working tirelessly to protect your rights and ensure a fair legal process.

In California, domestic violence is defined broadly as abuse committed against certain "protected persons." Abuse isn't just physical; it can also be emotional, financial, or involve threats. A "protected person" typically refers to:

• A spouse or former spouse
• A cohabitant or former cohabitant
• A person with whom the defendant has had a child
• A person with whom the defendant is having or has had a dating or engagement relationship
• A child of the alleged abuser (parent-child relationship)

The key is the relationship between the alleged perpetrator and the victim. What is domestic abuse or what is domestic violence legally goes beyond physical harm to encompass actions that disturb the victim's peace or cause mental suffering.

California law addresses domestic violence under several Penal Code (PC) sections, each with its own elements and penalties.

This is one of the most common and serious domestic violence charges.

• What is corporal injury? Under Penal Code 273.5 PC (PC 273.5), it is a felony offense to willfully inflict a physical injury resulting in a traumatic condition upon a spouse, former spouse, cohabitant, former cohabitant, or parent of your child.
• Traumatic Condition: This means any external or internal wound or injury, whether minor or serious, caused by physical force. It doesn't need to be severe or require medical attention for the charge to apply.
• Spousal abuse California or corporal injury on a spouse falls under this statute.
• Penalties: A conviction for PC 273.5 can result in up to four years in state prison, significant fines, mandatory completion of a 52-week batterer's treatment program, mandatory minimum probation, and a criminal protective order.

Often confused with corporal injury, domestic battery is generally a less severe charge.

• What is domestic battery? Under Penal Code 243(e)(1) PC (PC 243(e)(1)), it is a misdemeanor offense to commit a battery against a spouse, former spouse, cohabitant, former cohabitant, a person with whom the defendant currently has, or previously had, a dating or engagement relationship, or the parent of their child.
• Key Distinction from Corporal Injury: Unlike PC 273.5, domestic battery does not require that the victim sustain a visible injury or "traumatic condition." Any willful and unlawful touching that is harmful or offensive can constitute domestic battery.
• Penalties: Typically carries up to one year in county jail, fines, and mandatory enrollment in a batterer's treatment program.

While not exclusively a domestic violence charge, criminal threats often arise in domestic disputes.

• Under Penal Code 422 PC (PC 422), it is a felony to verbally, in writing, or by electronic communication, threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement be taken as a threat, and which causes the other person to reasonably fear for their safety or the safety of their immediate family.
• Penalties: Can result in up to four years in state prison and is considered a "strike" under California's Three Strikes Law.

A significant aspect of domestic violence laws California is the issuance of protective orders (often called restraining order domestic violence). These orders are common even before a conviction, designed to protect the alleged victim and often include:

• Emergency Protective Order (EPO): Issued by a police officer at the scene, lasts for about 5-7 days. What is an emergency protective order California? It's a short-term order to provide immediate safety.
• Temporary Restraining Order (TRO): Issued by a civil court judge, lasts for about 20-25 days until a hearing for a permanent order.
• Criminal Protective Order (CPO): Issued by a criminal court judge in a criminal case, often as a condition of bail or probation. These can last for many years and prohibit contact with the alleged victim. What is a criminal protective order California? It's a court order designed to protect a victim or witness from harassment or harm by a defendant in a criminal case.

Violating any restraining order for domestic violence is a separate criminal offense with severe penalties.

Being accused of domestic violence can rapidly turn your life upside down, impacting your freedom, your job, and your relationship with your children. An aggressive defense is crucial. Common defense strategies include:

• False Accusations: Sadly, false allegations in domestic disputes are not uncommon, sometimes used in divorce or child custody battles.
• Self-Defense or Defense of Others: Arguing that you acted reasonably to protect yourself or another person.
• Accident: Proving that any injury was accidental and not the result of willful or unlawful conduct.
• Lack of Intent: Demonstrating that you did not have the specific intent required by the statute.
• Insufficient Evidence: Challenging the prosecution's evidence regarding the injury, the relationship, or the nature of the act.

The complexities of domestic violence law demand the attention of an experienced criminal defense attorney. Your attorney can advocate on your behalf, negotiate with prosecutors, challenge protective orders, and work towards dismissal or reduction of charges.

If you are facing domestic violence charges in California, do not delay. Contact Poseidon Defense APC immediately for a confidential consultation. Your future and your family depend on a strong legal defense.