California Domestic Violence Laws – All You Need to Know

Taking the time to understand California domestic violence laws is essential for anyone who has been accused of abuse. These laws carry significant consequences, leaving those at risk of being convicted vulnerable to impacts on their freedom and future. However, it’s important to remember that not every accusation is truthful or clear-cut. This is why it’s important to know how the legal system works and what defense strategies are available to protect you.

What Qualifies as Domestic Violence in California?

Domestic violence includes a wide range of abusive behaviors that happen between people in close relationships. This can include:

• Physical harm or threats of harm
• Sexual assault or coercion
• Emotional, psychological, or verbal abuse
• Harassment, stalking, or destruction of property
• Controlling behaviors, such as isolating someone from their friends or monitoring their every move

In addition to these behaviors, the relationship between the victim and the alleged abuser matters. Under California law, domestic violence typically involves:

• Current or former spouses or domestic partners
• People who live together or used to live together
• Individuals in a dating or romantic relationship
• Parents who share a child

Legal Protections for Accusers You May Be Affected By

California offers a number of different legal remedies to help anyone who believes they have been abused. These protective measures include:

• Emergency Protective Orders: Law enforcement can request this immediately after an incident to grant immediate protection.
• Temporary Restraining Order: This is a short-term legal order that prohibits one individual from contacting the other while their case is being reviewed by the court.
• Permanent Restraining Order: These can last up to five years after a court has made a final decision on who was at fault.
• Child Custody and Support Orders: Family courts will take allegations of domestic violence into consideration when making final decisions on who a child should live with and what a child support arrangement looks like.

These protections are especially critical when considering that 75% of domestic violence survivors have children under 18 living at home. This makes child safety a major component to consider in these cases. However, even if you are impacted by one of these orders, it doesn’t mean a guilty verdict is inevitable. The courts will enforce these out of caution while the true details of what happened are uncovered through the legal process.

The Impact of Domestic Violence on California Communities

Domestic violence isn’t just an isolated issue between you and the individual who is accusing you. It’s become a community-wide issue, impacting families across the state.

For example:

• In Santa Clara County, law enforcement responded to more than 7,300 domestic violence calls for service in 2023. This highlights how much these cases take up the time of the area’s emergency services.
• In Los Angeles County, 20% of women and 13% of men report experiencing either physical or sexual abuse by an intimate partner at some point in their lives.

These statistics only reflect how many incidents ended up being reported to authorities. Many more go unreported due to fear, dealing with the stigma, or when someone is financially dependent on their abuser. This is why even in situations where someone is being accused and genuinely believes they did nothing wrong; the legal process will still need to move forward to verify what is true through an open and balanced trial where both sides can share their story.

What to Do If You’ve Been Accused of Domestic Violence

Being accused of domestic violence can be extremely distressing, as it puts your reputation and freedom on the line. Whether you believe the allegations are exaggerated or completely false, how you respond in the early stages of an accusation can set the tone for the rest of the case.

If you have been accused, here are some important steps to take:

• Do not contact the accuser, as anything you say to them can be used against you later on in court.
• Preserve all communications, such as texts and social media messages. Do not delete anything, as the court could view that as an attempt to hide evidence.
• Comply with any court orders, such as temporary restraining orders or bail conditions. If you make any violations here, it can escalate the situation quickly.
• Hire a defense attorney to help you better understand your charges and what the strongest next move for your case is.

FAQs

Q: What Is the Penalty for Domestic Violence in California?

A: Penalties for domestic violence in California largely depend on the nature and severity of the allegations in question. Some possible consequences if someone were found guilty include jail time, probation, mandatory counseling, restraining orders, and a permanent criminal record. It’s also possible for a judge to impose fines and other conditions like community service or substance abuse treatment to try and deter the behavior from happening again in the future.

Q: What Happens to First-time Domestic Violence Offenders in California?

A: Those who have been accused of domestic violence for the first time often deal with reduced consequences when compared to their peers who have been accused before. However, this doesn’t mean that the charge isn’t taken seriously. Depending on the circumstances, the charge will be either a misdemeanor or a felony. While first-time offenders have the biggest shot at avoiding jail, it is still possible, depending on the specifics of the abuse.

Q: What Is Clare’s Law in California?

A: Clare’s Law in California is a specific policy that allows individuals to request information about a partner’s history of domestic abuse or violence. The intent behind this law is to empower people with information to help them make decisions about their personal relationships. If someone requests this information and learns that the person they’ve been spending time with has an abusive past, it could help them make a decision to leave or stay.

Q: Can Domestic Violence Charges be Dropped by the Victim in California?

A: Once a domestic violence charge has been filed in California, the decision to drop the case is up to the prosecutor rather than the victim. Even if the victim sincerely wants to drop the charges, the district attorney may choose to still advance with the case if they believe there is enough evidence. This is because domestic violence is viewed as a crime against the state and not necessarily just the individual who flagged the abusive behavior.

Contact the Law Offices of Christopher J. McCann, APC Today

If you have recently been accused of domestic violence in California and have more questions about our state’s laws and how you should move forward, contact our firm today. We are happy to cover all of this basic information during an initial consultation as we evaluate your case to see if we would be a strong fit to work together.