California Domestic Violence Law

Some of the worst crimes can occur between people who are supposed to love and trust each other. Domestic violence crimes are abusive acts committed between people sharing close relationships. These offenses can destroy families and ruin lives, some beyond repair. California has domestic violence laws to protect victims and break the cycle of abuse.

Knowing the protections and penalties involved with domestic violence crimes can help victims escape a life of abuse. This article explains California's definition of domestic violence, discusses available programs and support for victims, and outlines the penalties involved with offenses and violations. Read on to learn what you need to know about domestic violence in California.

Understanding Domestic Violence Law in California

The simplest legal definition of domestic violence in California is that it consists of certain abusive acts committed between people sharing qualifying personal relationships. That's a little bit vague, so let's break down each facet for a better understanding.

Who is protected by domestic violence laws?

Part of what makes domestic violence crimes so heinous is the close personal relationships between those involved. Strangers can't commit domestic violence. As the name suggests, it takes place in or close to home and can involve family members. The people and relationships involved in domestic abuse crimes are:

• Spouse
• Former spouses
• People dating or engaged (a relationship involving intimacy and affection)
• People who have dated or were engaged
• Cohabitants (a person who regularly resides in the household)
• Former cohabitants
• People who share a child or believe they share a child
• A child of unmarried parents
• People related by consanguinity within the second degree (parents, children, siblings, grandparents, grandchildren)
• People related by affinity within the second degree (spouses, parents-in-law, daughters/sons-in-law)

By this definition, an uncle and their nephew who never shared a residence could have a crime occur between them, but not a domestic violence offense. Spouses and former spouses can if it's a qualifying abusive act.

What conduct qualifies as domestic violence?

Not all criminal acts are eligible for classification as domestic violence in California. Domestic violence offenses center on power and control. Abusers use these acts to manipulate their victims and make them feel both hopeless and helpless.

Under California law, a number of abusive acts receive consideration for domestic violence classification. These are not limited to the physical violence often associated with domestic abuse and include elder abuse, child abuse, and emotional abuse. Threatening to commit a violent crime is an offense even if the person never follows through.

California law is a little bit tricky when it comes to the exact acts that qualify. The following categories are considered abuse and contain crimes eligible for domestic violence offenses:

• Causing bodily injury through recklessness or intent
• Attempting to cause bodily injury through recklessness or with intent
• Sexual assault
• Causing a person to fear imminent serious bodily injury to themselves or another

In addition, California identifies other offenses that are provisions in domestic violence restraining orders as worthy of domestic violence consideration as well. Some fall under the categories listed above:

• Molesting, attacking, striking, threatening, or battering a victim
• Stalking
• Disturbing the peace of a victim
• Harassing a victim over the phone, social media, or other means

"Disturbing the peace" deserves closer examination. This means destroying the mental or emotional calm of the victim and can take many forms. One is through coercive control, a common type of abuse. Coercion can include:

• Isolation
• Controlling a person's reproductive autonomy through force, threat of force, or intimidation
• Deprivation of basic necessities
• Controlling, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or access to services
• Compelling the other party by physical force, threat of force, or intimidation to engage in conduct they don't want to, which can include threats about immigration status

Having a crime classified as domestic violence means the victim gains access to special programs and protections. However, an offense that doesn't qualify as domestic violence is still a crime and is subject to prosecution and sentencing. District attorneys choose which domestic violence cases to prosecute.

California Domestic Violence Protections and Programs

California has several different ways to help victims of domestic violence escape the vicious cycle of abuse. Perhaps the most prominent of these is a domestic violence restraining order (DVRO). These court orders can provide both immediate and long-term relief.

DVROs consist of provisions that dictate what an abuser is and isn't allowed to do. They can also award temporary child custody, initiate child support payments, and affect the visitation rights of the abuser. Each DVRO is tailored to fit the details of a case. Victims can request a DVRO in a few different ways:

• File in court

• Electronic means

• Through a domestic violence advocate

For an effective DVRO, victims must call law enforcement if there is any violation. Penalties for violations are stiff and include jail time. FindLaw's California Protective Orders Laws article offers a detailed step-by-step explanation of the DVPO process and the legal system. It also examines the other restraining orders available in the state.

Leaving an abuser is neither easy nor without risk. It's a good idea to have a safety plan in place before attempting an escape. Safety plans offer organization and options that can otherwise get muddled during the chaos of domestic abuse. Enlisting the aid of experienced domestic violence advocates near you can make a huge difference.

Worrying about penalties for breaking a lease should never cause a victim to stay with an abuser. California agrees and offers relief through civil law. Victims of domestic violence can legally break their lease with written notice, proof of either domestic violence or a DVRO, and 14 days' notice. This toolkit is a tremendous help with the process.

Given the difficulty involved with breaking free from an abuser, having them find a victim again with ease is intolerable. California's Safe at Home program offers a shield. This address confidentiality program provides a second legal mailing address for public documents. It also forwards first-class mail to the victim's actual address.

Enforcement and Penalties for Domestic Violence in California

California treats domestic violence crimes with great seriousness. Law enforcement officers receive special training for domestic violence calls and can offer forms of instant relief to apparent victims. If a DVRO is in place, law enforcement can confirm the order through the California Restraining and Protective Order System and take the offender into custody.

Crimes classified as domestic violence offer enhanced penalties at the decision of the court. Simple battery is a misdemeanor, but domestic battery can become a felony if the court makes a wobbler ruling. "Wobbler" crimes are offenses that can be either a misdemeanor or a felony, depending on the circumstances.

First-time offenders may receive probation, but it comes with conditions. Mandatory enrollment in a year-long batterer's program is possible. Paying expenses of the victims or donating up to $5,000 to domestic violence shelters are also options.

Repeated domestic offenses often return more severe sentences. Felony domestic violence convictions carry serious penalties.

Violations of DVROs can include jail time and criminal charges for a first offense. Penalties are:

• The first violation of a DVRO is a misdemeanor with up to a year in county jail and a fine of up to $1,000
• A first violation with a physical injury requires between 30 days and one year in county jail and a fine of up to $2,000
• Any conviction for a violation within one year of a previous conviction requires between six months and one year in county jail and a fine of up to $2,000

Violations may influence child custody and divorce proceedings. If you've violated a California DVRO, consider speaking with a criminal defense attorney.

California Domestic Violence Laws: A Recap

There's a lot to know about California's domestic violence laws. The table below summarizes what you've learned and provides helpful links.

Note: State laws in California change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Consult a California domestic violence attorney for help understanding how the law applies to your unique situation.

California Domestic Violence Laws: Additional Resources

• Find Your Court in California
• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Domestic Violence FAQ
• California Partnership To End Domestic Violence
• California Victim Resources
• Domestic Violence Restraining Orders (California Courts)
• Self-Help Centers (by county)

Dealing With Domestic Violence in California? Talk to an Attorney

If you've suffered physical harm, a traumatic condition, or any other type of domestic violence, call 911. After that, consulting a California domestic violence attorney is a good idea. An expert in family law can help you avoid further abuse and child endangerment from your abuser.

If you're facing domestic violence charges from a domestic partner or any other personal relationship, speaking with a California criminal defense lawyer is a necessity. An expert in domestic violence cases can work with your criminal record and help you avoid a domestic violence conviction. A felony conviction in your criminal history is not something you want.