Domestic Violence Defense in California
California has some of the strictest domestic violence laws in the nation, designed to proactively protect victims and help them escape harm. These laws can lead to significant disruptions in the lives of those accused of domestic violence, even before charges are filed. A conviction for domestic violence in California can have serious consequences beyond immediate penalties, including jail time, fines, protective orders, loss of custody rights, mandatory participation in a batterer's intervention program, and more.
If you're facing a domestic violence charge, choosing the right California criminal defense attorney can significantly impact your case's outcome. With over 21 years of experience, I have a proven track record of helping domestic violence defendants combat unfair charges and minimize the long-term damage those charges can cause.
How California Defines Domestic Violence
Under California Penal Code 13700, domestic violence is defined as abuse perpetrated against an intimate partner — meaning a spouse, cohabitant, a person with whom the accused shares a child, or someone with whom they have or had a dating relationship or an engagement. The most common domestic violence offenses are domestic battery (PC 243(e)(1)) and inflicting corporal injury on a domestic partner (PC 273.5). However, domestic violence crimes extend to a wide range of offenses, including some that don't even involve physical contact, such as emotional or psychological abuse. These offenses include, but are not limited to:
- Stalking
- Criminal threats
- Trespass
- Vandalism
- Child abuse and/or endangerment
- Elder abuse
- Revenge porn
Immediate Complications of an Accusation
In California, the disruptions to your life can begin as soon as you're accused of domestic violence, even before charges are filed. When law enforcement responds to a domestic violence call, they're required by law to make an arrest if they see any sign of violence or injury at the scene. Your accuser can also petition the courts immediately for a protective order against you, potentially forcing you from your home and affecting your custody or visitation rights with your children. These orders can remain in effect even if you are not charged with a crime.
Potential Penalties of a Conviction
The penalties of a domestic violence conviction in California can be severe. For first-time offenders facing misdemeanor domestic battery, you might get by with probation instead of jail time. Some California counties, however, require a minimum of 30 days in jail, even for first-time offenders. You may also face fines and likely be required to attend a batterer's intervention program. If your partner sustains serious injuries, you will likely face felony charges and possible jail and/or prison time. Beyond the legal penalties, such convictions can impact custody arrangements, employment opportunities, and your personal reputation.
Domestic Violence Defense in Northern California
At the Law Office of David J. Cramer, our firm has many years of experience navigating the intricacies of domestic violence charges. I understand that California domestic violence laws often work against the accused, and I know the steps to take to minimize the damage to your life and your liberty. I'll fight to make sure your rights are protected and that you get the fair and reasonable outcome you deserve. For compassionate domestic violence defense in Sacramento County, El Dorado County, Alpine County, Placer County, Amador County, and all across the Sacramento Valley and Sierra Foothills, contact my offices today for a free consultation.