Domestic Violence Charges in California

What Is Domestic Violence Under California Law?

Domestic violence in California is primarily prosecuted under Penal Code 273.5 (corporal injury to spouse/cohabitant) and Penal Code 243(e)(1) (battery on spouse/cohabitant/dating partner). These charges carry significant consequences including jail time, probation, restraining orders, loss of firearm rights, and immigration implications.

Corporal Injury — PC 273.5

A person commits corporal injury when they willfully inflict a physical injury on a spouse, former spouse, cohabitant, former cohabitant, or the parent of their child, and that injury results in a "traumatic condition." A traumatic condition includes wounds, bruises, or other physical injury. A conviction is a felony punishable by 2–4 years in state prison, or up to one year in county jail as a misdemeanor (wobbler).

Domestic Battery — PC 243(e)(1)

Domestic battery is the unlawful touching of an intimate partner in a harmful or offensive manner. No visible injury is required. It is a misdemeanor punishable by up to one year in county jail, a fine of up to $2,000, and mandatory 52-week batterer\'s program.

Restraining Orders and Protective Orders

When domestic violence is alleged, the court may issue a temporary restraining order (TRO) that restricts contact, possession of firearms, and residence. Violating a restraining order is a separate crime (PC 273.6) with its own penalties. An attorney can help you understand the terms and prepare for hearings.

Defenses to Domestic Violence Charges

• Self-defense: You used reasonable force to protect yourself from imminent harm
• Accidental injury: The injury was not willful
• False allegations: Motives may include custody disputes, divorce, or retaliation
• Lack of evidence: Insufficient proof of traumatic condition or willful conduct

Orange County and Fresno County Courts

Domestic violence cases are heard in Orange County Superior Court and Fresno County Superior Court. Steven A. Alexander has represented clients in domestic violence matters throughout Southern and Central California. If you face charges, contact our office for a free consultation.