In California, you face domestic violence (DV) charges for allegedly physically harming an intimate partner. According to Penal Code 13700, “intimate partners” include your current or former:
- spouse, fiancé(e), or registered domestic partner,
- co-parent, or
- boyfriend or girlfriend, whether you live together or not.
If no visible injury results, the D.A. would charge you with the misdemeanor crime of domestic battery under Penal Code 243(e)(1)). This carries up to one year in jail and/or $2,000, though most counties require a mandatory minimum of 30 days in jail.
If the alleged domestic violence causes even the slightest physical injury, the D.A. would instead charge you with inflicting corporal injury on an intimate partner under Penal Code 273.5. This is a wobbler, which means it can be a misdemeanor or a felony.
As a misdemeanor, a Penal Code 273.5 conviction carries up to one year in jail (with a likely 30-day minimum) and/or $6,000. Meanwhile, the felony punishment is:
- 2, 3, or 4 years in state prison (with a likely 30-day minimum) and/or up to $6,000; and
- An additional sentence of 3, 4, or 5 years if the alleged victim is seriously injured.
A DV charge is not your typical criminal case. Even a misdemeanor conviction strips you of your gun rights, jeopardizes your child custody rights, and threatens your immigrant status.
In this article our California criminal defense lawyers discuss all these issues as well as how we may be able to negotiate your domestic violence charge down to a lesser offense or even a dismissal. Plus we discuss related crimes that are often charged in cases of domestic abuse.
Can I get probation?
Most California counties require a 30-day jail sentence for domestic violence convictions, even for misdemeanors. Afterwards, though, many courts will grant you probation if:
- It is your first offense, or
- The alleged victim’s injuries are not significant.
For you to remain out on probation, you need to abide by various court-ordered terms. These typically include:
- Paying criminal fines,
- Paying restitution for the alleged victim’s losses (such as medical bills, counseling, lost wages and property damage),
- Paying $500 to fund state DV programs,
- Completing a year-long batterer’s intervention program,
- Surrendering any firearms,
- Staying away from the alleged victim, and
- Avoiding any new arrests.
If you violate any probation conditions, the judge can revoke probation and send you back to jail or prison. Note that probation for DV felony cases (“formal probation“) lasts up to five years while probation in misdemeanor DV cases (“summary probation“) lasts up to two years.1
See our related article, Is domestic violence a felony?
Most domestic violence convictions carry a 30-day mandatory minimum.
Will there be a restraining order?
If you are arrested for domestic violence in California, the judge will likely order that you stay away from the alleged victim during the pendency of the case.
Even if DV charges are never filed, alleged victims are still free to apply for a restraining order in civil or criminal court. Judges will grant restraining orders even if there was no physical harm. They just need evidence that:
- You abused or threatened to abuse the alleged victim or their minor child, and
- You are an intimate partner or a first- or second-degree relative.
If you are served with a restraining order, be sure to comply with it even if the allegations are baseless. Violating a restraining order is usually a misdemeanor carrying up to one year in jail.
In the event a restraining order keeps you from going home, you can ask your local police to accompany you home to pick up your belongings.2
Can I keep my guns?
In California, the police will confiscate your guns when either:
- They serve you with a domestic violence restraining order, or
- They arrive at the scene of a DV incident involving a threat to human life or physical assault.
You should get your guns back if the restraining order expires and any charges are dismissed. Though if you get convicted of a felony crime, you lose your gun rights for life even if the felony is not for DV.
Any conviction of corporal injury on a spouse or cohabitant carries a lifetime loss of gun rights in California, even if it was just a misdemeanor.
Most other misdemeanor DV convictions result in just a ten-year firearms ban under California law. However, if that misdemeanor qualifies under federal law as a “misdemeanor crime of domestic violence” (MCDV), then you lose your gun rights for life under federal law.
Possessing a gun while under a firearms ban is a felony. Depending on the facts of your case, it may be possible to restore your gun rights through a Governor’s pardon and/or Presidential pardon.3
Consequences of a California domestic violence conviction can include a loss of custody rights.
What happens to my child custody?
If you had a domestic violence conviction against your co-parent within the last five years, a family law judge in California will likely strip you of your custody rights and may instead grant you visitation. Though even if there was no conviction, family law judges can still deny you custody if they determine DV occurred.
Note that the California Family Code has a longer list than the Penal Code of people who can be considered victims of domestic violence. In addition to partners in an intimate relationship, victims can include your child or any other any other person related to you by consanguinity (blood) or affinity (marriage) within the second degree, including:
- Brothers and sisters,
- Half-brothers and half-sisters,
- Step-brothers and step-sisters,
- Grandparents,
- Grandchildren,
- Aunts and uncles, and
- Nephews and nieces.4
Will I be deported?
Many California domestic violence convictions count as an aggravated felony or a crime involving moral turpitude (CIMT) under U.S. immigration law. If you are a non-U.S. citizen, a DV conviction can therefore cause you to lose your legal status and be deported.
So before pleading guilty to anything, it is critical you consult with an experienced California criminal defense attorney. It may be possible to negotiate a plea bargain that avoids the negative immigration consequences of a DV conviction.5
Common California domestic violence offenses include corporal injury on a spouse and domestic battery.
How do I fight DV charges?
Here at Shouse Law Group, we have represented literally thousands of people accused of domestic violence. In our experience, the following four defenses are very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed.
- The alleged victim’s injury was the result of an accident.
- The alleged victim’s injury did not result from your actions.
- You were acting in lawful self-defense or defense of someone else.
- You are being falsely accused due to anger, jealously, or an attempt to gain the upper hand in divorce or child custody proceedings.
In all of these cases, we would rely on such evidence as eyewitness accounts, surveillance video, and medical records. An expert forensic witness may be able to testify that the accuser’s injuries were self-inflicted or the result of an accident.
Note that if the accuser in your case recants, the D.A. will probably continue prosecuting you, at least for the short term. Prosecutors are suspicious of accusers who take back their story: They assume they are being pressured to lie to keep family peace.
Plea Bargains and Pre-Trial Diversion
In DV cases, we can often negotiate a plea bargain to a lesser offense such as:
- Criminal trespass under Penal Code 602, or
- Disturbing the peace under Penal Code 415.
Advantages of pleading to one of these crimes can include:
- Retention of the right to own a firearm,
- No automatic loss of custody rights,
- No deportation or inadmissibility for non-citizens, and
- None of the stigma associated with DV cases.
Another strategy we often pursue is to try to get you into a pre-trial diversion program. Once you successfully complete a batterers’ program and any other court-ordered conditions, your charges will be dismissed. Eligibility for pre-trial diversion depends on:
- Your specific charges,
- Where you reside, and
- Your criminal history (if any).
It is always worth fighting to get your DV charges reduced or dismissed. The criminal consequences aside, having DV on your background check makes it more difficult for you to get employment, housing, professional licenses, loans, credit, and scholarships.
Domestic Violence-Related Charges in California
Child Abuse
Child abuse under California Penal Code 273d consists of inflicting corporal punishment or injury on a child. Reasonable spankings are excluded, but any punishment that is cruel or causes injury is unlawful.
Child abuse resulting in a traumatic condition (but without a sentencing enhancement) is a felony carrying up to six years in prison and/or $6,000.
Hitting a child with a hanger is not a “reasonable spanking” under California’s child abuse laws.
Child Endangerment
Child endangerment under California Penal Code 273a is willfully causing or allowing a child in your care to suffer harm or have their health or safety endangered. Examples include:
- A mother who permits her boyfriend to beat her 6-year-old, or
- A parent who operates a dangerous meth lab in the same home where their child lives.
If the child is at risk of great bodily injury, the crime is a wobbler. The felony penalties include up to six years in prison and/or $10,000. The misdemeanor penalties are up to one year in jail and/or $1,000.
If the child is not at risk of great bodily harm, child endangerment is a misdemeanor, punishable by up to six months in jail and/or $1,000.
Child Neglect/Failure to Provide Care
Child neglect under California Penal Code 270 makes it a crime for a parent to willfully fail to provide necessities (like food, shelter, medical care, clothing, etc.) to their minor child.
Child neglect is usually a misdemeanor punishable by up to one year in jail and/or $2,000. Child neglect can be a felony when a parent refuses to provide care after a court declares them a parent. This carries:
- 1 year plus 1 day in state prison and/or
- Up to $2,000.
Elder Abuse
Elder abuse under California Penal Code 368 is inflicting any of the following on a victim 65 years of age or older:
- Physical abuse,
- Emotional abuse,
- Neglect,
- Endangerment, or
- Financial fraud.
As a misdemeanor, elder abuse can be punished by up to one year in jail. As a felony, elder abuse penalties can include up to four years in state prison and/or $10,000.
Inflicting abuse on a senior citizen is a California crime of domestic violence.
Criminal Threats
Criminal threats under California Penal Code 422 comprises threatening someone with serious harm.
As a misdemeanor, criminal threats can be punished by up to one year in jail. As a felony, penalties include up to four years in prison and/or $10,000 (plus a possible one-year enhancement).
Also, a felony conviction of criminal threats is a serious felony that counts as a strike under California’s “Three Strikes” law per Penal Code 1192.7: Accruing three strikes carries at least 25 years in prison.
Stalking
Stalking under California Penal Code 646.9 comprises harassing or threatening another person to the point they fear for their safety or the safety of their family members.
Misdemeanor stalking can be punished by up to one year in jail. As a felony, stalking penalties can include up to five years in prison and/or $10,000.
Damaging a Telephone Line
Like it sounds, damaging a telephone line under California Penal Code 591 is maliciously cutting or otherwise impairing a phone line or phone equipment. An example is a domestic abuser who prevents their victim from making a phone call for help.
As a misdemeanor, this crime carries up to one year in jail and/or $1,000. As a felony, penalties include up to three years in jail and/or $10,000.
Aggravated Trespass
Aggravated trespass under California Penal Code 601 occurs when:
- You make a criminal threat to someone, and
- You enter that person’s home or workplace in the next 30 days to carry it out.
As a misdemeanor, this crime carries up to one year in jail and/or $1,000. As a felony, penalties include up to three years in jail and/or $2,000.
Arguments in front of children can sometimes lead to false accusations of domestic violence with devastating consequences.
Revenge Porn
Revenge porn under California Penal Code 647(j)(4) is a type of “cyber-harassment.” It occurs when you distribute sexual photos of another person (such as an ex-girlfriend or ex-wife) with the intent to cause that person emotional distress.
Revenge porn is a misdemeanor, carrying up to one year in jail and/or $1,000 (or $2,000 for subsequent offenses).
Posting Harmful Information on the Internet
Posting harmful information on the internet under California Penal Code 653.2 is a relatively new misdemeanor offense. Also known as “indirect electronic harassment” or “cyber-stalking,” it consists of posting or emailing harmful information about someone with the intent of causing other people to harass that person.
Penal Code 653.2 is often charged when someone uses the internet to get revenge on the other party in a domestic dispute. The punishment includes up to one year in jail and/or $1,000.
How can a lawyer help?
California law enforcement agencies take claims of domestic violence very seriously. Our criminal defense lawyers include former
- police officers and
- prosecutors,
so we know from experience how “the other side” works and how to beat them at their game.
We have a decades-long track record of investigating and trying cases of alleged abuse. We understand how judges decide when to issue a domestic violence restraining order and what punishment is merited.
When we get involved early in a case, we can often persuade the prosecutor not to file domestic violence charges. Or we can negotiate a plea bargain that allows you to avoid the negative consequences of a domestic abuse conviction.
If your case does go to jury trial, we will make sure your side of the story is presented. Contrary to what you may have heard, it is possible to win a domestic violence case.
Police called to the scene of a domestic dispute will usually arrest someone.
Resources for Domestic Violence Victims
If you or someone you know is in immediate danger, call 911. Otherwise, you can find help, information and advocacy in the following places:
- California Partnership to End Domestic Violence – Once you connect with this statewide coalition, you can access advocacy, education, and support services for survivors.
- DomesticShelters.org – Once you search your location, you’ll find local shelter options, support programs, and statistics across California.
- California – WomensLaw.org – Once you visit the California page, you can find legal information and local help for domestic violence cases.
- Resources for survivors, advocates, and allies – Blue Shield of California Foundation – Once you explore their resources, you’ll discover support for survivors, advocates, and allies across the state.
- Getting Help – California Courts – Once you access the court’s help page, you’ll learn how to file for protective orders and find legal assistance.
- National Domestic Violence Hotline – Once you call or chat with the hotline, you’ll get 24/7 confidential support from trained advocates.
- Resources – National Coalition Against Domestic Violence (NCADV) – Once you review NCADV’s resources, you’ll find national advocacy tools, safety planning guides, and survivor support.
- Rape, Abuse and Incest National Network (RAINN) – Once you reach out to RAINN, you can connect with counselors and get help for sexual violence, including domestic abuse.
- File a Police Report in Los Angeles (LAPD) – Once you follow LAPD’s steps, you’ll be able to report domestic violence and begin the legal process.
Legal References
- Penal Code 1203.097. See also Welfare and Institutions Code 18304. California Penal Code 13700(b):
“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.
See also California Penal Code 13730. See, for example, People v. Cabrera (Court of Appeal of California, Fourth Appellate District, Division One, 2007) 152 Cal. App. 4th 695; People v. James (Court of Appeal of California, Fifth Appellate District, 2010) 191 Cal. App. 4th 478; People v. Gobert (. See also People v. Hoover (Court of Appeal of California, Fourth Appellate District, Division Two, 2000) 77 Cal.App.4th 1020; People v. Truong (Court of Appeal of California, First Appellate District, Division Two, 2001) 90 Cal. App. 4th 887. See also People v. Robinson (Cal.App. 2024) . California Family Code 297.5(a):
“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”
- See, for example, California Code of Civil Procedure 527.6 CCP. See also People v. Jungers (Court of Appeal of California, Fourth Appellate District, Division One, 2005) 127 Cal. App. 4th 698. California Penal Code 273.6.
- California Penal Code 29805. California Penal Code 29800. 18 USC 922(g). See California Assembly Bill 3129. California Assembly Bill 818.
- California Family Code 6211(f). California Family Code 3044.
- Immigration & Nationality Act (“INA”) 237(a)(2)(A)(I), codified at 8 USC 1227 (a)(2)(A)(I). INA 212 (a)(2)(A)(i)(I), 8 USC 1182 (a)(2)(A)(i)(I).