What is Domestic Violence?
According to California Courts, domestic violence may be known as intimate partner or family abuse and may be emotional, financial, or physical. Domestic violence can happen in many different ways, including restricting access to money or other basic needs or isolation from friends or family.
What are the Penalties for Domestic Violence?
Common examples of domestic violence in California include:
- Battery
- Abuse
- Threats
- Neglect
While some of these are considered felonies and others are misdemeanors, most of them are considered wobblers. A wobbler is any crime that may be charged as either a misdemeanor or a felony depending on the following:
- The circumstances of the offense
- The severity of the victim’s injuries
- Prior criminal history of the aggressor
Corporal injuries are always considered felony offenses. A corporal injury is any injury issued by force that results in even slight physical injury to a partner. Penalties for a first offense may include one year in jail or up to four years in state prison and a fine of up to $10,000.
Other examples of domestic abuse and their typical penalties are as follows:
- Domestic battery: Misdemeanor, a fine up to $2,000 and up to one year in jail
- Child abuse resulting in a traumatic condition: Felony, a fine up to $6,000, and up to six years in prison
- Child endangerment if the child is at risk of great bodily harm: Wobbler. As a felony, a fine of up to $10,000 and up to six years in prison. As a misdemeanor, a fine of up to $1,000 and up to one year in jail
- Child endangerment if the child is NOT at risk of great bodily harm: Misdemeanor, a fine up to $1,000 and up to six months in jail
- Child neglect: Misdemeanor, a fine up to $2,000 and up to one year in jail
- Child neglect or failure to provide care: Felony, a fine up to $2,000 and up to one year and one day in prison
- Elder abuse: Wobbler. As a felony, a fine of $10,000 and up to four years in prison. As a misdemeanor, up to one year in jail
How do Restraining Orders Relate to Domestic Violence?
Restraining orders serve to protect victims from additional harm and danger. Once a victim requests the issuance of a restraining order, California courts tend to act quickly. There are several types of restraining orders that may limit the movements of an aggressor, limit contact with the victim, or alter an aggressor’s living situation. Examples of restraining orders are as follows:
- Emergency Protective Orders: These immediate but short-term orders last only a few days. They give the victim time to seek an extended protection order and are typically issued by a judge at the request of law enforcement.
- Temporary Restraining Orders: These orders can last up to 25 days. They are issued at the victim’s request and typically granted until a full court hearing can be held for a permanent order.
- Permanent Restraining Orders: Issued after a formal hearing. These orders last for five years but may be renewed if the threat remains.
Violating the terms of a restraining order is a misdemeanor that may warrant jail time and fines. Each violation is viewed as an individual offense.
How Does Domestic Violence Affect Employment?
A domestic violence charge can significantly disrupt a career trajectory. Many employers state that they are cautious about hiring a person with a violent criminal history because it may signify behavioral or anger issues with that employee. Additionally, many employers have policies against employing individuals with criminal records, which could result in job loss after a conviction.
A domestic violence charge will show up in a background check. Regardless of qualifications, a violent criminal history is likely to deter potential employers from hiring a candidate with this record. This may also affect promotions or specific job responsibilities that require background checks or special clearances.
How Does Domestic Violence Affect Gun Ownership?
In the State of California, a domestic violence conviction results in a lifetime ban on owning firearms because the state views offenders as potential threats. Domestic violence offenders are required to surrender any firearms that they currently own, and failure to comply may result in additional legal penalties. Possession of a firearm after a conviction is illegal and can result in additional fines or jail time. Each firearm that is illegally possessed is considered a separate and individual charge.
How Does Domestic Violence Affect Child Custody and Visitation?
A domestic violence conviction will significantly complicate child custody battles because the priority of all family courts is the safety and best interest of the child. This type of violent criminal record can deter the court from granting custody to the perpetrator, regardless of whether or not the violence was towards the child or the child’s parent.
In these circumstances, supervised visitation may be the only allowed visitation between parent and child as the court seeks to limit interaction between the two.
In extreme cases, a parent may have their rights terminated completely as a last resort from the court.
How Does Domestic Violence Affect Immigration?
Foreign nationals face additional risks after a domestic violence conviction, including the possibility of deportation and inadmissibility to the United States. Also, charges of this nature may be grounds for denying visa or green card applications.
Do I Need an Attorney?
Domestic violence charges can be overwhelming. Let us work with you to find a solution. Call the Law Offices of Scott Henry today at 888-444-7210 or fill out a contact form for a free consultation.
