From Shouting Match To Jail Cell: Understanding California Domestic Violence Laws And Defense

Living with another person isn’t always easy. Even the best couples have the occasional fight, and when times are stressful, small fights can become full-blown rows. Sometimes, the police get involved, and when they do, the legal implications tend to escalate fast. This article aims to help Californians understand:

• How domestic violence laws work and are enforced in California.
• Why police will almost always make an arrest at domestic disturbances, and why that can result in a restraining order even if neither party wants one.
• Defenses and strategies for dealing with domestic violence arrests and charges in California.

How Does California Law Define Domestic Violence?

In California law, domestic violence is a label that can be attached to another crime, making it more severe. This crime can be a battery, assault, or several other things, including some for purely verbal acts.

The key component, legally speaking, is that the crime occurs between two people who have a domestic relationship under the California family code. This could be:

• Someone you are dating,
• A current or former partner,
• Someone you are cohabiting with, even a roommate,
• Someone you are or were married to.
• A child or other dependent under your care.

That relationship must be established before a crime can be considered an instance of domestic violence. Two neighbors getting into a fistfight would not be domestic violence because they do not have that relationship. But a son who gets into a fistfight with his father who lives next door might be.

The exact crime associated with the domestic violence charge will depend on the acts committed, witnessed, or provable by the prosecution. This could be verbal abuse or physical abuse.

What Exactly Is The Charge And Potential Penalty If I Am Convicted Of A Domestic Violence Charge?

Given that domestic violence encompasses a few different charges, the penalties can vary accordingly.

For example, corporal injury on a spouse or cohabiting partner is probably the most common one in California. Another would be battery on a spouse or cohabiting partner. While both are quite serious, they are not identical and carry different penalties.

If you are convicted, both have mandatory requirements. You will have to pay a fine, do mandatory classes, be placed on probation, and have to go to court at least once every three months. Depending on the charge, and the severity, jail time or other penalties might be imposed.

The most serious domestic violence charges for aggravated assault with a deadly weapon, for example, might even come with prison time of up to several years.

In addition, you may face a criminal protective order, barring you from going near the victim of the alleged domestic violence incident.

Is A Restraining Order Automatically Put In Place After A Domestic Violence Arrest?

In a criminal context, you are not looking at a restraining order (a civil law category) but a protective order. Fortunately, for a criminal protective order, the victim has to want it for it to be imposed.

After the arrest, a police officer may ask the victim if they would like a protective order to keep you away from them. Those orders are good for five days, after which they have to get a restraining order approved to extend the duration of time you are forbidden from approaching them.

Often, however, the victim says they do not want one imposed, so none will be issued. It is not done automatically. This is fortunate because once the police show up at your door, chances are an arrest will be made.

How Likely Is It That The Police Make An Arrest At An Alleged Domestic Violence Incident?

The vast majority of the time, when police officers show up to an alleged scene or incident of domestic violence, they will not leave without making an arrest and taking someone with them.

While there are cases where the cops go out to a home and merely tell everyone to calm down and leave, this is rare.

Police officers generally prefer to make an arrest. This is because if they do not arrest someone and then something worse happens, either a more severe domestic violence crime or death occurs, the police are legally (and morally) liable for it because they did not arrest them when they had the chance earlier.

Unfortunately, this can result in arrests that neither party involved wants and neither can undo…even if the alleged victim changes their mind or story later.

If The Alleged Victim Changes Their Story, Will The Charges Be Dropped?

Unfortunately, after an arrest is made and the report is written, the victim becomes a witness. As a result, they no longer have any power to drop a case or to decide what charges should be filed. Admittedly, they do remain quite an important witness in the case, however.

Let’s say the case goes to trial, and the alleged victim does not show up. The prosecutor may have trouble proving their case, so they can still have some impact. But despite popular opinion and what both parties might want, the victim does not have the right to decide whether or not to file the case.

Fortunately, while the victim can only do so much, there are quite a few avenues for defense your lawyer may be able to help you pursue.

What Strategies Could Be Used To Defend Clients In Domestic Violence Cases?

Given the severity and potential consequences of a domestic violence charge, it is wise to work together with a lawyer to build a strong defense, for which you have several options.

• Self-defense: If you reacted to protect yourself, and your response was reasonable and proportionate, self-defense can be a very strong legal defense. But it does have to be proportionate to work: if a boyfriend slaps his girlfriend, who then takes a baseball bat to him, she isn’t going to be able to claim self-defense.

• Credibility: Often, in most domestic violence cases, there will not be a lot of visible injuries, so credibility becomes an issue as to who started it, who did what, and what was done. If this can be thrown into reasonable doubt, it may provide a strong defense.

• Defense of another: In some cases, you might have been defending a child or other vulnerable person. For example, if a child is getting beaten and then you push the aggressor off them and beat them up, you might be arrested but be able to argue the defense of another.

• Mistaken identity: This is sometimes used in movies but rarely in real life. If the aggressor thought they were striking an intruder when it turns out it was their spouse…for example.

Intoxication is not an excuse, defense, or mitigating circumstance.

There are also strategies for reducing the penalty you face even if you are convicted. For example, starting counseling treatment or anger management courses right away. Or if alcohol or drugs were involved, taking a treatment or therapy for that issue.

These show, without admitting guilt, that you are trying to do something to make sure that this situation never happens again. Such strategies are more common than many defenses but can also be used alongside them.

Without an attorney to help build your defense, it is unlikely you would know how to implement any of these options, much less how to use them in your favor in negotiations or the courtroom. When facing a serious charge like domestic violence, always ensure you get solid legal representation.

For more information on Handling Domestic Violence Offenses In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 648-5004 today.