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What Is the Punishment for Domestic Violence In California?

Admin • Jul 12, 2022

From disagreements to arguments and miscommunication, most intimate relationships experience conflict sometimes. The right thing to do is settle the conflict in the best possible way for optimal outcomes.

However, at times, conflict can escalate to physical, emotional, and psychological harm, all of which are considered domestic violence.

Misdemeanor or Felony

California has stringent laws on domestic violence, and the punishment can range from fines to jail sentences, loss of custody, and gun rights. The punishment depends on whether the domestic violence charge is classified as a misdemeanor offense or felony.

A misdemeanor offense mainly involves spousal battery, where you are violent towards a spouse or cohabitant. A first-time domestic violence charge can be considered a misdemeanor and perceived more favorably than a repeat offense.

A domestic violence charge escalates to a felony if the victim is a minor or there was sexual assault and serious injuries to the victim. Also, persons convicted of domestic violence or other crimes in the past are charged with a felony. Below are some of the possible punishments one can face when charged with domestic violence.

Fines and Imprisonment

A domestic violence perpetrator can get a significant jail sentence. Misdemeanor domestic violence attracts a jail term of up to one year or a fine of $2,000, or both.

For a felony, you serve a jail term of up to four years or pay a fine of up to $5,000 based on the severity of injuries inflicted and past criminal record. For instance, if you have been convicted of domestic violence or sexual assault in the last seven years, you may receive longer imprisonment.

Victim Restitution

You can be required to pay victim restitution, which is compensation for the loss incurred. The defendant will cater for the victim's medical expenses, lost wages, property damage, and mental health counseling.

Domestic Violence Related Classes

Convicts, especially those charged with a felony, must take part in counseling and treatment programs. Also, they must pay $500 to support domestic violence programs in the State.

Custody Loss

If you have kids, you may be denied custody when charged with domestic violence. However, you can obtain visitation rights.

Restraining Orders

A victim can apply for a protective order in California which requires the defendant to stay away from them and other protected people or property. It safeguards the victim from being harassed, threatened, or harmed by the alleged abuser. When the defendant violates the protective order, they may be subject to arrest and criminal charges.

Loss of Gun Rights

A gun provides personal and home defense while allowing you to participate in gun-related recreational activities. However, you can lose your gun rights temporarily or permanently after a domestic violence conviction. You can receive a ten-year firearms ban for a misdemeanor domestic violence charge, while a felony attracts a lifetime firearms ban.

Deportation

In United States immigration law, domestic violence is considered a crime involving moral turpitude. As such, it can warrant deportation for non-citizens as well as inadmissibility to the United States.

Criminal Record

Another possible punishment for domestic violence is receiving a permanent criminal record. The record appears on all your background checks, including employment and housing checks, which can affect your ability to lead a normal life.

Domestic Violence Bails

Whether you were accused falsely or acted in self-defense, an accusation for domestic violence can have far-reaching consequences. Once arrested for domestic violence where there is sufficient evidence to prove it, the prosecutor presses charges immediately. Since California takes domestic violence very seriously, the bail can be higher than other offenses.

Contact Albert Ramirez Bail Bonds for bail bonds for domestic violence-related charges. We have more than four decades of experience in the bail bond industry and can help attain your or your loved one's freedom in no time.

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