Orange County Domestic Violence Lawyer

Types of Domestic Violence & Corporal Injury in California

A quick overview of California’s laws against domestic violence includes:

• Corporal Injury to a Spouse or Cohabitant: According to Penal Code 273.5, it is illegal to inflict a “corporal injury” resulting in a “traumatic condition”. This includes striking an intimate partner in a violent way that brings about a visible injury, even a slight bruise or swelling.
• Domestic Battery: Penal Code 243(e)(1) says that it is a misdemeanor crime to inflict violence or force on an intimate partner. The term “intimate partner” includes a fiancé, partner, cohabitant, or the parent of the defendant’s child. This crime does not require visible injury to validate the charge.
• Child Abuse: California Penal Code 273d makes it a crime to commit child abuse, which includes any act of inflicting “corporal punishment or injury” that is “cruel or inhuman” and causes an injury of any kind. Intentional neglect of a child could also be construed as child abuse.
• Elder Abuse: It is a crime to inflict physical or emotional abuse, neglect, endangerment, or financial fraud on a victim who is 65 years of age or older under Penal Code 368. Elder abuse charges are usually filed against caregivers outside of the direct family.
• Child Endangerment: According to Penal Code 273a, it is a crime to willfully allow a child in your care or custody to suffer harm or be placed in a situation that endangers their health. For example, a mother who allows her boyfriend to abuse her young child can be charged with child endangerment.
• Criminal Threats: Penal Code 422 states that it is a crime to communicate a threat of serious harm to someone if you intend to put the person in fear and if you actually do put that person in sustained fear. Criminal threats and charges relating to them may be charged as either a felony or misdemeanor depending upon the circumstances.

Consequences for a Domestic Violence Charge in California

If you are convicted of domestic violence in California, you could face a number of consequences, including jail time. The following are some of the possible consequences for a domestic violence conviction in California:

• You could have a minimum mandatory jail sentence.
• You could be required to pay a fine or damages for the incident.
• You could be required to take a course for domestic violence to intervene in any possible violent behavior.
• You could have a restraining order put against you.
• You could lose your right to own a gun.
• You could lose custody of your children.
• You could have a permanent criminal record.
• If you aren’t a citizen of the United States, you could face immigration consequences such as deportation or being unable to get a visa, green card, or other forms of entry into the United States.

If you are charged with domestic violence, it is crucial to speak with an experienced attorney.They can help you understand the charges against you and all of the possible consequences. A domestic violence defense attorney could assist in lessening the consequences of your conviction.