Domestic Violence Crimes and Punishments

Domestic violence crimes are governed by a unique set of laws which can be particularly harsh. These include domestic violence arrests, protective orders, and penalties and sentences. When police are called out to a domestic violence disturbance they are generally obligated to arrest and take into custody the party they believe is most at-fault. Often the male is arrested though not always. Once arrested for domestic violence, even if a person makes bail or is released from jail, they must deal with domestic violence restraining orders and protective orders. Such orders may prevent the person from living in their home or seeing their children.

Also, domestic violence charges, whether misdemeanor or felony, generally require that the defendant appear at each and every court appearance. (Most other misdemeanor charges in California allow for legal counsel to appear in lieu of the defendant.) Lastly, the sentences and punishments for domestic violence are unique and onerous. For example, in general, any domestic violence conviction requires the person to enroll in and complete a 52 week “batterers treatment program.” Also, even a misdemeanor domestic violence conviction prohibits the convicted party from possessing firearms in the future. (Usually only felony crimes carry a firearms prohibition.)

Lastly, a domestic violence conviction, even a misdemeanor, can be used against the person in future custody litigation. Under the California Family Code, if in a family law/divorce case, parents are fighting over custody, the parent convicted of a domestic violence conviction is presumed to be unfit for parenting.

In short, domestic violence charges are extremely serious and can destroy one’s future. If you are arrested for domestic violence, contact domestic violence attorney Jonathan Turner.