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Domestic Violence

Domestic violence covers a wide range of abuse, including spousal abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm the victim, could be grounds for prosecution under California law. 
 

Domestic violence cases are treated differently than other criminal cases. There are designated prosecutors and special Domestic Violence Units (DV Units) within the prosecutor's office that stand ready to aggressively prosecute anyone charged with domestic violence, so you will need an equally powerful defense.


Examples of domestic violence abuse include:

  • Threats or intimidation

  • Annoying phone calls

  • Stalking or harassment

  • Physical Assault or abuse

  • Verbal, social & sexual abuse.

Domestic Violence Penalties in California

Domestic violence charges may be filed as a misdemeanor or a felony. How the prosecutor files the charges is based on the seriousness of the case.

Severe injuries (including cuts and broken bones) will almost always result in felony charges. Prior acts of domestic violence and the criminal history of the accused may also influence how the case is filed.


Misdemeanors:

  • Jail sentence (up to one year county jail)

  • Counseling (52-week program)

  • 40 hours of community service or physical labor (CalTrans)

  • Various court fines

  • Stay-Away Order from the victim, including moving out of residence

  • "No Harm, No Strike" Order for couples.


Felonies:

  • Prison time (punishable by two to four years in state prison)

  • Counseling (52-week program)

  • 40 hours of community service or physical labor (CalTrans)

  • Various court fines

  • Stay-Away Order from the victim, including moving out of residence

  • "No Harm, No Strike" Order for couples.

Can the Victim Drop The Charges?

In California, you can be arrested and prosecuted for domestic violence even if the victim does not want you arrested. In some cases, especially with spousal abuse, it is very difficult for the victim to drop charges against the abuser.

The prosecutor decides whether to file charges and can proceed with the criminal case even if the alleged victim decides not want to go to court. The prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.

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