California Spousal Abuse Charges

California spousal abuse laws encompass specific charges and penalties for domestic violence between individuals with personal connections, such as spouses, intimate partners, or cohabitants. Charges like spousal battery and corporal injury carry potential jail time and fines, depending on the severity and circumstances.

States have laws in place for trying to eliminate domestic violence, and California is no exception. California takes the fight against domestic violence one step further, with additional penalties for abusers and extra protections for victims of spousal abuse.

Whether you're a victim of domestic abuse or stand accused of domestic violence crimes, knowledge of California spousal abuse laws is essential. In this article, we'll define and explain spousal abuse, show how it differs from other California domestic violence charges, and review what forms of protection are available for victims.

The focus will be on restraining orders. You'll learn which one applies to your situation, how to file, what to expect during the process, and the penalties for violations. Read on for a better understanding of spousal abuse laws in California.

For a general overview of the law and domestic violence in California, give FindLaw's California Domestic Violence Law article a look. If you want a detailed examination of the state's restraining orders, the California Protective Orders Laws article is exactly what you need.

California Spousal Abuse Charges: What Are They?

Domestic violence cases involve offenses between at least two people who have a personal connection. They can be family members, related by marriage, or share a household. Spousal abuse charges focus on a specific subset of those affected by domestic violence crimes.

California Spousal Abuse: Who Is Involved?

California domestic violence laws also offer spousal abuse charges. Spousal abuse charges require a certain relationship to be applicable. California Penal Code 273.5 narrows the focus of the classification eligibility to:

• Spouses and former spouses
• Fiancées and former fiancées
• People who are dating or have dated in the past
• Intimate partners at some point
• Current cohabitants or past cohabitants
• Parents of a child
• Domestic partners

Offenses that don't qualify as spousal abuse are still crimes that will be prosecuted and can be considered domestic violence cases.

California Spousal Abuse: What Are the Charges and the Penalties?

Domestic violence charges are often attached to other crimes, offering additional penalties and protections due to the family or household relationship. If law enforcement encounters domestic abuse, charges will be filed against the abuser. It doesn't matter if the victim doesn't want to press charges or even have their abuser arrested. The charges become the state's responsibility.

Domestic violence offenses cover all types of domestic abuse, such as:

• Physical harm/physical abuse/physical violence intimidation/threatening behavior
• Emotional abuse
• Coercion/control
• Denying personal liberty
• Verbal abuse
• Child abuse/child endangerment/child neglect
• Elder abuse
• Sexual assault/sexual abuse

Spousal abuse laws in California are somewhat different than domestic violence crimes. They list specific crimes and punishments for transgressions that fall under the spousal abuse classification. These charges include:

• Spousal Battery: Spousal battery does not require that the victim suffer a physical injury. Physical contact that was unwanted, forceful, or both qualifies as spousal battery. This falls under the "wobbler offense" category, which means it's intended to be a felony charge but can be reduced to a misdemeanor offense by the court depending on the details of the case. Offenders face up to a year in county jail, fines of up to $1,000, and possible mandatory participation in a Batterers' Intervention Program. (California Penal Code 243(e)(1))
• Corporal Injury On A Spouse: As the name indicates, this charge is predicated on the abuser both intending to inflict a physical injury and causing a traumatic condition, such as a minor or serious bodily injury to the victim. This also falls under the wobbler offense category. A felony domestic violence conviction under corporal injury on a spouse carries two to four years in state prison, fines of up to $6,000, restitution of up to $5,000 to a domestic violence shelter-based program, and mandatory participation in a 52-week Batterers' Intervention Program. (California Penal Code 273.5)
• False Imprisonment: False imprisonment occurs when the abuser limits or curtails the victim's personal liberty. This can be accomplished in any number of ways, including physical and financial restrictions. False imprisonment can include human trafficking charges in certain situations. False imprisonment is also in the wobbler offense category. Penalties can include up to three years in state prison and a fine of up to $10,000 (felony), or up to one year in county jail and a fine of up to $1,000 (misdemeanor). (California Penal Code 236)
• Threatening Death/Great Injury: Making criminal threats that cause immediate and substantial fear can be prosecuted in California even if the act threatened never occurs. This is another wobbler offense with serious penalties if the threats are dire enough. Offenders face between 16 months and three years in state prison and a fine of up to $10,000 (felony), or up to one year in county jail, summary probation, and a fine of up to $10,000 (misdemeanor). (California Penal Code 422)

Other crimes may qualify as spousal abuse as well.

California Spousal Abuse: Restraining Orders

Domestic violence restraining orders (DVROs) are one of the primary tools California uses to combat the vicious cycle of spousal abuse. While there are different types of restraining orders available in California, the DVRO is used for instances of spousal abuse.

While abusers may seek rehabilitation through Batterers' Intervention Programs, restraining orders offer a variety of necessary protections for victims. These conditions placed on the abuser can include, but are not limited to, the following:

• Ordering the abuser not to assault, threaten, stalk, make contact, or come near you and those under your protection
• Granting you possession of animals in your household
• Ordering the abuser to attend a Batterers' Intervention Program
• Removing the abuser from your household
• Removing firearms from the abuser
• Paying child support/spousal support
• Granting temporary child custody
• Paying restitution

Other conditions can be applied as well, including anything the court deems necessary.

Applying for a DVRO requires the alleged victim to file at least four forms, with additional ones required for specific situations like child custody. Both parties will be given a court date for a hearing, at which they can each give testimony, present evidence, and call witnesses. The court will decide whether or not to grant the DVRO. A DVRO can last up to five years and may be extended in certain situations.

If there's a threat of imminent violence or danger, you can apply for an Emergency (Ex Parte) DVRO. If granted, the court will enact a temporary DVRO without first meeting with the alleged abuser. These last until the case hearing for the DVRO.

Violating DVROs issued for spousal abuse carries serious penalties. A first offense can involve up to a year in county jail and a fine of up to $1,000. If a physical injury is involved, there's a minimum of 30 days and up to one year in county prison and a fine of up to $2,000.

Subsequent violations will increase the penalties involved. These can be used as evidence when determining child custody or extending DVROs.

California Spousal Abuse Charges: Summary

The table below recaps what you've learned above and adds pertinent links for California spousal abuse codes and other information.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a California domestic violence attorney or conduct independent legal research to verify California state laws.

Related Resources For California Spousal Abuse Charges

• California Domestic Violence Law
• National Domestic Violence Hotline (800.799.7233)
• California Protective Orders Laws
• California Partnership to End Domestic Violence (CPEDV)
• Domestic Violence Organizations

Dealing With Spousal Abuse Charges? An Attorney Can Help

Whether it's a misdemeanor charge or felony domestic violence, charges of spousal abuse under California law are very serious. The penalties are life-altering and often include jail time. If you're facing spousal abuse criminal charges such as domestic battery, consider speaking with a California criminal defense attorney. They can evaluate your criminal history, examine your case, and help you understand your options with their expertise in criminal law.

If you've escaped a spousal abuse situation and are unsure of your options, speaking with a California family law attorney is a good idea. They can make sure you're getting all the protections available, help you start over, and stand by your side if you decide to seek compensation from your abuser.