Domestic Violence Penalties
§ 273.5 of the California Penal Code is titled "Corporal injury
on a spouse, cohabitant, or fellow parent." This is California's
domestic violence statute, and is charged in cases where someone is believed
to have inflicted bodily injury on a spouse, cohabitant, or the mother/father
of their child.
The severity of domestic violence penalties depends largely on the factors
involved in your case. For example, domestic violence is sometimes charged
as a misdemeanor while other times it is classified as a felony.
Misdemeanor penalties can include:
- 3 years' probation
- Max. 1 year in jail
- Max. $6k fine for a first offense
- Max. $10k fine for any conviction within seven years of a prior
- Protective/restraining orders
Felony penalties can include:
- Lengthy probation
- Up to four years in state prison
- Five years or more in prison (if aggravating factors exist)
- A strike on your record per California's three strikes law
Was a restraining order filed against you?
While not a criminal charge, restraining orders are legally binding court
orders that can prevent you from seeing or coming near your family and
loved ones. Anyone who feels threatened or claims to have been the victim
of violence by their spouse, relative, or significant other can file a
restraining order (aka "protective order").
Domestic violence restraining orders can:
- Prevent you from contacting or coming into contact with the protected person(s)
- Prevent you from coming within a certain distance from the protected person(s)
home, place of work, vehicle, etc.
- Require you to move out of the protected person(s) place of residence
Before a restraining order becomes permanent, our attorneys can help defend
your innocence and prove that the restraining order is without merit.
Contact Lessem, Newstat & Tooson, LLP Today for Tough Defense
Whether the acts that warranted a domestic violence charge resulted out
of self-defense, an accident, or you were falsely accused, the Los Angeles
domestic violence attorneys at Lessem, Newstat & Tooson, LLP are here
to fight for your rights and ensure a just and fair trial.