SAN DIEGO DOMESTIC VIOLENCE LAWYER

California Domestic Violence Sentencing & Penalties

California courts impose harsh penalties for Domestic Violence. Due to the high rate of recidivism among prior offenders, DV cases almost always result, at the very minimum, in formal probation, court ordered anger management classes, child & spousal abuser treatment programs, counseling, drug and alcohol programs, and heavy fines, if not incarceration.

Spousal Abuse Punishment: PC 273.5 CA

  • Spousal Abuse Penal Code 273.5

    declares it a felony crime for any person to intentionally cause bodily injury to a spouse, ex-spouse, cohabitant, former cohabitant, or fellow parent with a child in common

  • Incarceration:

    A minimum sentence of 2 years and up to 4 years in a state prison or up to 1 year of count jail time

  • Fines:

    A financial penalty of up to $6,000




Child Abuse Punishment: PC 273a (b)

  • Child Abuse Penal Code 273a (b)

    declares it a misdemeanor crime for any person to intentionally cause bodily injury, mental or physical suffering, neglect, pain, or endangerment to a child.

  • Mandatory Formal Probation:

    48 month minimum

  • Court Orders:

    Possible exclusion from residence, restraining order, criminal court order to protect child from further harm, violence, and/or threats.

  • Mandatory Treatment & Counseling:

    The defendant will be court ordered to immediately attend a court appoved child abuser's treatment & counseling program for at least one full year and must successfully complete treatment as a condition of probation.

    The defendant must show proof of enrollment to the court within 30 days and submit quarterly progress reports.

    Defendant must pay all program fees & costs

  • Drug Testing:

    Random, at the discretion of the court

  • Child Abuse Penal Code 273ab

    declares it a felony crime for any person to forcibly assault a child under his or her custody who is 8 years or younger with the intent to cause corporal injury to a which results in death f the victim.

  • Incarceration:

    Confinement from 25 years to life in state prison

Domestic Battery Punishment: PC 243e CA

  • Domestic Battery Penal Code 243e

    declares it a misdemeanor crime for any person to use purposeful and violent use of force upon a spouse, ex-spouse, cohabitant, former cohabitant, or fellow parent with a child in common

  • Incarceration:

    A sentence of up to 1 year in city or county jail

  • Fines:

    Penalty of up to $2,000 plus court & program fees

  • Court Orders:

    If probation is granted in lieu of jail, the defendant must enroll and successfully complete a court approved batterer program for a period of at least one year, and/or another counseling program at the discretion of the court.

  • Other Court Ordered Restitution:

    The court may order the defendant to reimburse the victim for incurred expenses resulting from the battery, including the cost for counselling, missed work, medical bills, legal fees, relocation, property damage, and more.

  • Victim Reimbursement:

    The court may order the defendant donate up to $5000 to a battered women's via regularly scheduled payment installments

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