Domestic violence is a troubling and, unfortunately, common issue, affecting up to 10 million people a year in the United States. This abuse can be physical, emotional, financial, sexual, and/or psychological.
Under California law, domestic violence can also involve behaviors such as stalking, harassment, or disturbing the peace of the victim. These acts can occur in various types of relationships and affect people across racial and socioeconomic statuses.
As the legal landscape evolves, understanding California’s domestic violence laws is crucial. This article will explore what constitutes domestic violence in California as well as describe protective measures and legal consequences for this crime.
How Does California Define Domestic Violence?
In California, domestic violence is legally defined as abuse committed against a current or former intimate partner, a person you live with, a spouse, a child, a family member, or the parent of your child. The state law categorizes abuse as any of the following:
- Physical Abuse — Causing bodily injury, whether minor or severe, such as hitting, kicking, pushing, or other physical force.
- Verbal Abuse — Using words or actions to intimidate, threaten, or emotionally manipulate the victim.
- Psychological Abuse — Inflicting mental or emotional pain or distress through intimidation, isolation, or controlling behavior.
- Sexual Abuse — Coercing or forcing sexual acts against the victim’s will, including marital rape.
Some examples of behaviors that constitute domestic violence include sexual assault, harassing, threatening, physical assault, destroying someone’s property, and stalking. If you or someone you know has been a victim of domestic violence, it’s essential to seek help immediately.
California Domestic Violence Laws
The state of California has laws in place to protect victims of domestic abuse and prosecute perpetrators. The California Domestic Violence Prevention Act (DVPA) is the main piece of legislation aimed at protecting individuals who have experienced domestic violence.
Enacted to address the pervasive issue of domestic abuse within intimate relationships, the DVPA provides legal remedies and protections for victims and includes the following components:
Definition and Scope
The DVPA defines domestic violence broadly to include abuse committed against a current or former spouse, cohabitant, someone with whom the abuser has or had a dating or engagement relationship, someone with whom the abuser has a child, or a child of a party in a relationship. Abuse encompasses physical, emotional, psychological, sexual, and economic abuse, as well as threats of violence.
Emergency Protective Orders
Law enforcement officers can request Emergency Protective Orders (EPOs) on behalf of domestic violence victims. EPOs provide immediate protection by restraining the abuser from contacting or coming near the victim. Domestic violence often plays a significant role in divorce proceedings, as it can influence custody decisions, property division, and the overall outcome of the case.
Restraining Orders (ROs)
Victims can file for a restraining order (also known as a protective order) in civil court. A restraining order can include provisions that restrain the abuser from contacting or coming near the victim, their home, workplace, and children. It may also address child custody and visitation issues. If the restraining order is violated, the abuser may face legal consequences, including arrest or additional charges.
Law Enforcement Response
The DVPA mandates that law enforcement officers respond promptly to incidents of domestic violence and take appropriate actions to protect the victim, which may include making an arrest if there is probable cause.
Prohibited Acts
The DVPA prohibits certain acts of abuse and harassment and provides remedies for victims who experience these actions.
Support Services
The DVPA promotes access to support services for victims, including shelters, counseling, legal assistance, and other resources aimed at helping victims rebuild their lives.
Firearms Restrictions
Under federal and California law, individuals subject to certain domestic violence protective orders are prohibited from owning or possessing firearms.
Overall, the California Domestic Violence Prevention Act is crucial in providing legal protections and support for victims of domestic violence, aiming to ensure their safety, well-being, and access to justice within the state.
Penalties and Consequences for Domestic Violence in California
There are several different penalties and consequences for committing domestic violence in California. Common crimes that domestic abuse perpetrators commit include battery, abuse, threats, and neglect.
Some of these offenses are misdemeanors, while others are felonies, though some are classified as “wobblers.” A wobbler is a crime that can be prosecuted as either a misdemeanor or felony, depending on the circumstances of the crime and the abuser’s past criminal history.
Fines and Jail Time
The most common consequences for committing domestic violence include paying fines and jail time. In California, the majority of counties require a minimum jail sentence of 30 days for a domestic violence conviction, even if the charge is a misdemeanor. Some charges, such as Elder Abuse (PC 368) and Criminal Threats (PC 422), can carry sentences of up to 4 years in jail and fines up to $10,000.
In addition, those convicted of domestic violence crimes can be mandated to pay victim restitution, which can include contributing financially to victims’ medical bills, mental health counseling, lost wages, and property wages. They may also be required to attend educational classes and/or pay into funds supporting California domestic violence prevention programs.
Loss of Rights
Being convicted of domestic violence can impact a person’s rights as well. Often, domestic abusers are prevented from getting custody of their minor children, though they are often able to retain visitation rights.
In addition, those convicted of domestic violence in California lose their right to own or possess a firearm due to both state and federal laws. Penalties for unlawfully possessing a firearm include hefty jail time and fines of up to $250,000.
Restraining Orders
A victim of domestic violence can obtain a restraining order against the perpetrator, which may include provisions that restrict the abuser’s contact with the victim, their home, workplace, and children. Violating a restraining order can lead to additional criminal charges and penalties.
It’s important to note that each case of domestic violence is unique, and penalties can vary based on specific circumstances and the discretion of the court. However, California law aims to provide significant consequences for perpetrators of domestic violence while prioritizing the safety and well-being of victims.
Turn to The Gorski Firm if You Need Help with a Domestic Violence Situation
Family law matters are often emotionally intense and challenging. The Gorski Firm is here to help if you are struggling with a domestic violence situation. We are experienced in protecting victims of domestic violence and helping those who have been wrongly accused.
Contact us today for a consultation.
