Domestic Violence Criminal Charges FAQ

California Penal Code Section 273.5 makes it a crime to willfully inflict corporal injury resulting in a traumatic condition upon a victim who is or was the defendant's spouse, cohabitant, fiancé, dating partner, or the parent of the defendant's child. This is commonly called domestic battery with injury or spousal abuse.

The "traumatic condition" can be any wound or bodily injury, whether minor or serious, caused by direct physical force. Common examples include bruises, scratches, cuts, broken bones, concussions, internal injuries, and strangulation marks. The injury must be visible and provable through photographs, medical records, or witness testimony. The statute does not require serious injury - even minor bruising can satisfy the traumatic condition element.

PC 273.5 is a "wobbler" offense, meaning prosecutors can charge it as either a misdemeanor or felony depending on the severity of injury, the defendant's criminal history, and the circumstances of the case. Felony convictions carry potential state prison sentences of 2, 3, or 4 years under Penal Code Section 273.5(a), while misdemeanor convictions can result in up to one year in county jail.

Penalties for PC 273.5 vary significantly based on whether it is charged as a felony or misdemeanor. For a felony conviction, the sentence is 2, 3, or 4 years in state prison under Penal Code Section 273.5(a), plus fines up to $6,000. If the victim suffered great bodily injury under Penal Code Section 12022.7, an additional 3-5 years can be added to the sentence. If you have a prior domestic violence conviction within 7 years, the felony sentence increases to 2, 4, or 5 years.

For a misdemeanor conviction, penalties include up to one year in county jail and/or a fine up to $6,000 under Penal Code Section 273.5(a). Both felony and misdemeanor convictions require mandatory completion of a 52-week batterer intervention program under Penal Code Section 1203.097, a minimum $500 fine unless it would cause undue hardship to the defendant or the victim (who may receive restitution), and up to $5,000 payment to a battered women's shelter fund per Penal Code Section 1203.097(a)(5).

Courts typically impose a protective order lasting up to 10 years under Penal Code Section 136.2(i)(1) prohibiting contact with the victim. Additional consequences include loss of gun rights under Penal Code Section 29805 for 10 years for misdemeanors and lifetime for felonies, potential deportation consequences for non-citizens under 8 USC Section 1227, and a "strike" on your record under California's Three Strikes Law if great bodily injury was inflicted.

Several defenses may apply to PC 273.5 charges. Self-defense or defense of others under California Penal Code Section 692-693 is valid if you reasonably believed you or someone else was in imminent danger of suffering bodily injury, you used no more force than reasonably necessary to defend against that danger, and the threat of danger was immediate. You must be the initial aggressor to claim self-defense.

False accusation is unfortunately common in domestic violence cases, often arising from custody disputes, divorce proceedings, or revenge. Your attorney can investigate the accuser's motive, credibility, and any history of making false accusations. Lack of traumatic condition means the prosecution cannot prove visible injury - if there are no photographs, medical records, or other credible evidence of injury, the charge may be reduced to PC 243(e)(1) domestic battery or dismissed entirely.

Accident can be a defense if the injury was unintentional, though this can be difficult to prove in domestic situations. Insufficient evidence may result in dismissal if the prosecution cannot prove beyond a reasonable doubt that you willfully inflicted the injury. Constitutional violations like illegal searches under the Fourth Amendment, coerced confessions violating the Fifth Amendment, or denial of right to counsel under the Sixth Amendment can result in evidence suppression or case dismissal.

No, once domestic violence charges are filed, the victim cannot simply drop them. Under California law, only the prosecuting attorney (District Attorney or City Attorney) has the authority to dismiss criminal charges. This policy exists because domestic violence victims often face pressure, threats, or coercion from abusers to recant or refuse cooperation, and because domestic violence is considered a crime against the state, not just the individual victim.

Even if the victim recants their statement, does not appear in court, or actively asks for charges to be dropped, prosecutors can proceed using other evidence including police reports, 911 calls, photographs, medical records, and witness statements. Under Evidence Code Section 1370, prosecutors can introduce hearsay statements made by the victim to law enforcement or medical providers describing the abuse, even if the victim does not testify.

However, a victim's unwillingness to cooperate can make prosecution more difficult and may influence the prosecutor's decision whether to proceed or offer a favorable plea bargain. Some jurisdictions have victim advocate programs that allow victims to express their preferences while prosecutors make the final decision. Victims should consult with a domestic violence advocate and may hire their own attorney to understand their rights, though this attorney does not represent the defendant and cannot drop charges.

PC 273.5 and PC 243(e)(1) are both domestic violence charges but differ significantly in elements and penalties. PC 273.5 (corporal injury to a spouse) requires proof of visible injury or traumatic condition, applies to current or former spouses, cohabitants, fiancés, dating partners, or co-parents, and is a wobbler that can be charged as either a misdemeanor (up to 1 year jail) or felony (2, 3, or 4 years prison).

PC 243(e)(1) (domestic battery) requires only offensive touching without injury, applies to the same categories of domestic relationships as PC 273.5, and is always a misdemeanor with maximum penalty of one year in county jail. The critical distinction is injury: if there is visible injury documented by photographs or medical records, prosecutors typically charge PC 273.5; if there is only unwanted touching without visible injury, they charge PC 243(e)(1).

Both charges require completion of a 52-week batterer intervention program under Penal Code Section 1203.097 and can result in protective orders, gun restrictions under Penal Code Section 29805, and immigration consequences under 8 USC Section 1227. Prosecutors often charge PC 273.5 but may agree to reduce it to PC 243(e)(1) as part of a plea bargain if evidence of injury is weak or photographs are inconclusive.

A Criminal Protective Order (CPO), also called a stay-away order, is issued in criminal domestic violence cases under Penal Code Section 136.2. Unlike civil restraining orders that victims request in family court, CPOs are issued by criminal court judges as a condition of the defendant's release or sentencing. The judge can issue a CPO at the defendant's first court appearance (arraignment) and it remains in effect throughout the criminal case.

The CPO typically prohibits the defendant from harassing, threatening, or contacting the victim; coming within a specified distance (often 100 yards) of the victim's home, workplace, and vehicle; and may include no-contact provisions prohibiting any communication including through third parties, phone, text, email, or social media. Some CPOs are "peaceful contact" orders allowing contact if it is peaceful, while others are full no-contact orders.

If the defendant is convicted, the judge can issue a permanent CPO lasting up to 10 years under Penal Code Section 136.2(i)(1). Violating a CPO is a separate crime under Penal Code Section 166(c)(1) punishable by up to one year in jail for misdemeanor violations, or up to three years in prison if charged as a felony. CPOs are automatically entered into the CLETS database so all California law enforcement can verify their existence. Even if the victim wants contact, the defendant must obey the CPO or risk arrest and additional charges.

A domestic violence conviction has severe consequences for gun ownership under both California and federal law. Under California Penal Code Section 29805, a misdemeanor domestic violence conviction results in a 10-year firearm prohibition. The defendant must surrender all firearms within 24 hours and cannot purchase, receive, own, or possess any firearms or ammunition for 10 years from the date of conviction.

Under Penal Code Section 29800, a felony domestic violence conviction results in a lifetime firearm prohibition in California. Additionally, federal law under 18 USC Section 922(g)(9) prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition for life. This federal prohibition applies even to misdemeanor convictions and is permanent with very limited exceptions that rarely apply.

Defendants must surrender firearms within the timeframe ordered by the court. Failure to surrender firearms is a felony under Penal Code Section 29810 punishable by up to 3 years in prison. Law enforcement tracks firearm ownership through the California Automated Firearms System (AFS) and the FBI's National Instant Criminal Background Check System (NICS). Even after the California 10-year prohibition expires for a misdemeanor, the federal lifetime ban under 18 USC 922(g)(9) remains in effect. There is no reduction or expungement process for the federal prohibition.

Several plea bargain options may be available depending on case facts, strength of evidence, and criminal history. PC 273.5 felony reduced to misdemeanor reduces potential prison time to maximum one year county jail, maintains the 52-week batterer program requirement, results in shorter firearm prohibition (10 years vs. lifetime), and may have better immigration consequences. This is common when injuries are minor or evidence is somewhat weak.

PC 273.5 reduced to PC 243(e)(1) domestic battery eliminates the injury element, is always a misdemeanor with maximum one year jail, may be more favorable for immigration purposes, and still requires batterer program and has gun consequences. Reduction to PC 242 simple battery (non-domestic) removes the domestic violence designation, carries less stigma, may have fewer collateral consequences, and potentially avoids mandatory batterer program, though prosecutors resist this unless evidence is very weak.

Reduction to disturbing the peace under PC 415 is a common negotiation in weak cases, is a misdemeanor with maximum 90 days jail, does not trigger domestic violence consequences, and typically does not result in firearm restrictions or immigration consequences. Some counties offer Penal Code Section 1000.6 pretrial diversion allowing completion of counseling and programs in exchange for dismissal, though eligibility is limited. Prosecutors consider strength of evidence, victim's wishes (though not determinative), defendant's criminal history, and severity of injuries when negotiating plea bargains.

Yes, you can face domestic violence-related charges without physical contact. While PC 273.5 requires physical injury, other domestic violence statutes do not require touching. Penal Code Section 422 (criminal threats) applies when you threaten to kill or cause great bodily injury to someone in a domestic relationship, the threat is specific and unequivocal, the threat causes the victim to be in sustained fear for their safety or their family's safety, and the fear is reasonable under the circumstances. This is a wobbler with penalties up to 3 years in prison and counts as a strike under the Three Strikes Law.

Penal Code Section 646.9 (stalking) involves willfully and maliciously repeatedly following or harassing someone and making credible threats causing reasonable fear for safety. Penal Code Section 594 (vandalism) includes destroying the victim's property like breaking phones, punching walls, or damaging vehicles during domestic disputes. Penal Code Section 273d (child abuse) applies to willful infliction of cruel or inhuman corporal punishment or injury upon a child.

Family Code Section 6203 defines "abuse" for restraining order purposes to include not just physical acts but also disturbing the peace of the other party, which courts interpret broadly to include emotional abuse, controlling behavior, destroying property to intimidate, isolating the victim from family and friends, and other coercive conduct. These charges carry serious penalties and domestic violence consequences including restraining orders, batterer intervention programs, and firearm prohibitions even without physical touching.

Domestic violence convictions have severe immigration consequences for non-citizens including permanent residents, visa holders, DACA recipients, and undocumented immigrants. Under 8 USC Section 1227(a)(2)(E)(i), any domestic violence conviction makes a non-citizen deportable, regardless of whether it is a misdemeanor or felony. This includes PC 273.5, PC 243(e)(1), PC 273.6 (violating a protective order), and other domestic violence offenses. Deportability means immigration authorities can initiate removal proceedings.

Crimes involving moral turpitude (CIMT) under immigration law include many domestic violence offenses and can render non-citizens inadmissible (unable to obtain green cards or reenter the US) and deportable. Under 8 USC Section 1182(a)(2)(A)(i), certain domestic violence crimes are aggravated felonies triggering mandatory deportation with no relief available such as cancellation of removal or asylum. Examples include domestic violence with a sentence imposed of one year or more, even if suspended.

Non-citizens facing domestic violence charges should immediately consult with an immigration attorney before accepting any plea bargain. Even a misdemeanor conviction can result in deportation, denial of naturalization applications, ineligibility for green card renewal, bars to reentry if you leave the US, and loss of asylum or refugee status. Some alternative dispositions may avoid immigration consequences: PC 415 disturbing the peace may not always be a deportable offense depending on the specific facts; reduction to non-domestic violence battery (PC 242) removes the domestic violence element; and diversion under PC 1000.6 resulting in dismissal may avoid conviction. However, immigration law is complex and constantly evolving through court decisions and policy changes, so individualized legal advice is essential.