DOMESTIC VIOLENCE

What You Need to Know As an Accused in California

What IsDOMESTIC VIOLENCE

IN CALIFORNIA?

Domestic violence can be charged under more than one

statute depending on the severity and type of injuries

Corporal Injury on a Spouse, Cohabitant, or Fellow Parent --

California Penal Code Section 273.5 – “Any person who willfully inflicts upon a person who is his or her spouse, former

spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic

condition is guilty of a felony”

Domestic Battery --

California Penal Code Section 243(e)(1) – Battery, defined as “any willful and

unlawful use of force or violence upon the person of another”, committed

against “a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's

child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a

dating or engagement relationship”

Sexual Battery --

California Penal Code Section 243.4 -- “Any person who touches an intimate

part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched

and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is

guilty of sexual battery”

PenaltiesIF CONVICTED OF

DOMESTIC BATTERY

273.5 -- imprisonment in the state prison for two, three, or four years, or in a

county jail for not more than one year, or a fine of up to $6,000, or both

243(e)(1) or 243.4 -- imprisonment in a county jail for a period of not more than one

year, a fine of up to $2,000, or both

ConsequencesOF A DOMESTIC

BATTERY CONVICTION

Additional consequences of a domestic battery conviction

may include:

Restrictions on visitation/custody with minor children

Issuance of restraining/protective order

Loss of the right to possess a firearm

Disqualification for employment

Revocation or denial of professional licensing

Loss of, or denial of, immigration status

Victim Cannot “DROP CHARGES”

There are a number of potential defenses to a domestic violence

accusation;

However, the alleged victim cannot simply decide to “drop

the charges”

Only the prosecuting attorney can make the decision to drop

the charges against you

LEARN MORE ABOUT DOMESTIC VIOLENECE IN CALIFORNIA

www.attorneylombardo.com Content provided by Best Legal Practices