Domestic Violence

The law defines domestic violence more broadly than as the abuse occurring only between a husband and wife or between same-sex partners.  Domestic violence can also be defined as abuse between former spouses, dating partners, relatives, or cohabitants, and can include various types of conduct that are prohibited by law, such as:

• Physical abuse, such as kicking or punching
• Assaults
• Use of criminal threats
• Stalking
• Damaging or destroying personal property
• Unwanted sexual touching

Spousal Battery

Attempting to combat incidences of domestic violence, the California state government has enacted stringent statutes targeting those who commit domestic violence.  According to California Penal Code Section 273.5, spousal battery or domestic violence involves the imposition of bodily injury on a spouse, former spouse, cohabitant, former cohabitant, or relative that results in a traumatic injury.  Prohibited acts include the use of violent force, such as striking or hitting the other person, and causing visible injuries as a result. 

Depending on the circumstances and the severity of the injuries involved, the prosecutor may file the charges as a misdemeanor or felony.  If the person is convicted of Section 273.5 as a felony, the individual faces a prison term of two, three, or four years.  However, if the person is convicted of committing a misdemeanor spousal battery, then the person may face up to a year in jail and pay a fine of up to $6,000, or both. 

Although, even if the individual does not have visible injuries, the government can still file a charge under Penal Code Section 243(e)(1) for battery, because a "battery" is committed when willful force or violence is used against the other person.  A person who is found guilty of this charge faces imprisonment in the county jail for up to one year, a fine of up to $2,000, or both. 

Depending on the facts of the case and the charges involved, the defendant may also be ordered to pay restitution to the injured spouse, partner, or relative for any expenses the person incurred as a result of the incident.  The defendant may also be ordered to attend a batterer treatment program. 

Other Potential Consequences

The other devastating and life-changing consequences that may occur if convicted of domestic violence include the following:

• Losing one's job
• Hardship in finding alternative work
• Losing your professional license
• Risk of deportation if not a U.S. citizen, or denied naturalization

It is crucial to have an experienced criminal defense lawyer represent you, because an attorney can investigate the case further, negotiate with the prosecution to obtain a more favorable plea agreement, and provide zealous representation if the case goes to trial. 

If you need superior, cost-effective representation, contact Real Lawyers at Affordable Prices™ today where your satisfaction is of the utmost importance.  We offer free initial consultations and flexible payment plans.