Domestic Violence Charges
The following are some California laws regarding Domestic
Violence and abuse:
California Penal Code Section 243 (e) (1) states that the
penalty for battery against an ex-spouse, boyfriend, girlfriend,
cohabiting partner, parent of shared child, or fiancé is a jail
term and/ or a $2000 fine.
California Penal Code Section 422 states that any person
who orally, in writing, or electronically threatens another
person with physical injury or death shall serve up to one
year's time in jail or prison.
California Penal Code Section 653m (a) states that any
person who makes threatening or obscene telephone calls is
guilty of committing a misdemeanor.
California Penal Code Section 273.5 (a) states that any
person who "willfully" injures their current or ex-spouse,
boyfriend, girlfriend, parent of shared child, or fiancé is guilty
of a Felony and will serve a sentence in jail or prison and/or
pay a fine.
California Penal Code Section 11165.3 states that
punishing a child in a cruel manner causing the child to
experience pain and suffering; or allowing the child to be
placed in a dangerous situation is child abuse.
If you have been charged with domestic violence in Nevada County,
Placer County or the greater Sacramento Region you
need to seek the representation of an experienced
domestic violence attorney. Call us at 800-978-0186
Frequently asked questions about Domestic Violence:
What is Domestic Violence?
Domestic violence includes spousal abuse (husband or wife
abuse), intimate partner abuse (boyfriend or girlfriend), abuse
of persons who live together (elder abuse), and abuse of the
other parent of a shared child.
What are some acts that qualify as Domestic
Violence in California?
There are many acts that constitute Domestic Violence in
California, including but not limited to: physical abuse, marital
rape, assault, hitting, threatening, battery, biting, sexual
abuse, chocking, slapping, punching, and victim intimidation.
Other forms of domestic violence which may not be criminal
include verbal abuse, emotional abuse, and financial abuse.
What is an emergency protective order?
An emergency protective order is used to keep the alleged
victim of domestic abuse safe from harm. A domestic violence
victim may be granted an emergency protective order against
the alleged abuse. In this situation the alleged abuser may be
forced to leave the home for the length of the order.
What are the consequences of a Domestic Violence
Depending upon the specifics of the case, a domestic violence
conviction can result in either a misdemeanor of felony
charge. The resulting consequences may include jail time,
prison time, probation, fines, anger management courses, and
How does a Domestic Violence charge affect
visitation with my child?
If you have been charged with domestic violence in Los
Angeles against the parent of your shared child, you may need
to seek mediation to come to an agreeable arrangement
regarding your child visitation. New child visitation rules may
apply and your typical child care schedule and freedoms may
be taken away. You may be forced to only see your child or
children in supervised visitation.
What is supervised visitation?
Supervised visitation is when a parent may only see their child
in the presence of another adult who will supervise their
interactions at all times. This type of visitation is decided upon
with the child's best interest in mind. In certain circumstances
you may go to a facility that is used for supervised visitations
and other times an adult may accompany you and your child
during your activities.
What is child abuse (mistreatment)?
Child abuse (maltreatment) encompasses a variety of
dangerous acts that may harm or have the potential to harm a
child under the age of 18, such as physical abuse, emotional
abuse, sexual abuse, neglect, and sexual exploitation.
California child abuse (maltreatment) statistics
In 2002, over 17% of all children in California between the
ages of 0 and 3 were the victims of child maltreatment; and
over 15% of children between the ages of 4 and 7 were
What is considered bodily injury?
Bodily injury is any harm to a person that results in permanent
or temporary physical pain, including but not limited to cuts,
burns, life threatening injuries, and disfigurement.
Can a police officer arrest me without a warrant?
Yes. If you are not arrested following the alleged Domestic
Violence or child abuse occurrence the police may arrest you
at another time without a warrant if they have probable cause.
A detective may gather more evidence about the alleged
domestic abuse incident and interview witnesses. Or, the
District Attorney may choose to file charges and the judge can
issue a warrant for your arrest.
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