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Generally, there’s nothing more frustrating than being charged with domestic violence in California. It’s one of the criminal charges you don’t want to get involved with because of its potential repercussions in your personal life. Depending on the situation, many things could happen when you have a domestic violence charge in California.
Keep reading this article to learn what domestic violence charge is in California and what happens when you get it.
What Is Domestic Violence Charge In California?
Domestic violence happens when someone threatens to use physical force intentionally against another person with whom they have a close relationship. It usually occurs when the following requisites are present:
- The violence is committed against the defendant’s current or former spouse;
- The violence is committed against the defendant’s current or former live-in partner;
- The violence is committed against the defendant’s current or former fiancée or someone with whom the former has or had a dating relationship;
- The violence is committed against the defendant’s child’s other parent.
Indeed, there are many things to consider when dealing with a domestic violence charge in California. But before someone can file the said criminal charge, the law enforcement authorities must have probable cause to believe that the defendant has intentionally inflicted harm. In short, they also respond to a possible domestic violence situation by placing the offender under a ‘mandatory arrest.’ It requires the police authorities to investigate the incident and arrest the alleged offender based on probable cause.
Moreover, the police authorities in California may also issue a temporary Emergency Protective Order which aims to prohibit the alleged offender from contacting the alleged victim. Hence, if you’ve been charged with a domestic violence charge in California, you should work with an experienced criminal defense attorney to help you.
With them by your side, there’s still a high chance that your arrest and the criminal charge will not lead to a conviction. The attorney will gather and analyze all the information surrounding your case to develop a strong defense strategy in court. Once the case is instituted, the trial will ensue, and your attorney will raise all possible defenses to refute the allegations against you. For instance, some common defenses in California domestic violence cases can include:
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- Reasonable Doubt: Generally, criminal charges arising from domestic violence should be proved beyond a reasonable doubt. It refers to the quantum of proof used in criminal cases to establish the defendant’s guilt through the evidence presented by the prosecution in a way that should be accepted as a fact by a rational person. In most cases, domestic violence charges can be refuted by showing reasonable doubt in the complaining witness’s credibility. It is because, more often than not, witnesses to these charges are minor children or persons who lack neutrality due to the close relationship with one or both parties involved.
- Self-Defense: This is another defense to a domestic violence charge. Self-defense can be invoked in a situation when you only employ proportionate force in response to the victim’s attack, even if the former sustains more injuries. In that case, you can’t be convicted of the said crime in California.
- Mutual Combat: This happens when neither party can be regarded as the true aggressor. It means that both of them equally initiated physical force in an attempt to injure each other. In that case, mutual combat can be a defense to a domestic violence charge.
What Are The Potential Consequences Of A Domestic Violence Charge?
Now that you know some things about a California domestic violence charge, it’s time to familiarize yourself with what happens when you’re charged and eventually convicted of the said crime. Depending on the situation, the following are some potential consequences of a domestic violence charge:
- Payment of hefty fines and other associated penalties;
- Substantial jail time;
- Community service;
- Completed domestic abuse treatment program;
- Restitution payments to the alleged victim;
But aside from the common penalties mentioned above, a criminal charge arising from domestic violence may also adversely impact your personal life in various ways. These can include:
- Employment: You could lose your job if you’ve been charged or convicted of domestic violence. If you’re looking for a job, the employer may refuse to hire you, especially if the charge or conviction comes up during the pre-employment checks.
- Loss of child custody rights: If you’re fighting for the custody of your child, a charge or conviction of domestic violence may affect your chances of winning the custody battle.
Final Thoughts
Like other criminal cases, a domestic violence charge in California is a serious offense. If you’ve been arrested, charged, and eventually convicted of this crime, you may have to deal with severe consequences that could affect your life in the long term. Therefore, keep the information mentioned above in mind to know what could happen when you get the said charge. The more familiar you are with it, the more you can avoid situations that would give rise to a potential domestic violence charge.