Domestic Battery Laws and Charges in California

one caucasian couple man and woman expressing domestic violence in studio silhouette isolated on white background

Domestic abuse occurs when physical violence takes place between two people who are married, live together, or are dating. If your partner has assaulted you, this is known as domestic battery, domestic violence, domestic abuse, or assault family violence. Criminal battery allegations can be very serious, but domestic battery charges are generally the most serious and result in severe consequences.

Heated arguments are not enough for domestic battery charges to take hold. Instead, they must first occur with an actual assault or battery. This means, for example, your partner got angry and hit you repeatedly, leaving bruises or broken bones. You will have to prove, with the help of your attorney, that some type of assault took place. There must also be proof that a relationship actually existed between you and the defendant. “Domestic” will typically refer to spouses, children, and elderly parents who live in the home.

Expected Consequences of These Charges

If your spouse or ex-spouse has committed domestic battery against you, there will be penalties for their actions. Depending on the circumstances, this can range anywhere from a misdemeanor to very serious felony charges with prison time. The most basic domestic battery charge could be seen as a misdemeanor and will generally lead to probation or a short stay in jail. However, a felony can range to probation or up to ten years in prison. These cases are handled very seriously and usually result in severe injuries to the defendant, strangulation, or the use of a weapon. Most of these cases will almost certainly lead to a protective order. This will largely benefit you and protect you from the same incident occurring a second or third time.

If you have been injured at the hands of a loved one due to domestic battery, you have a case. We can help you with these very delicate matters that cause you emotional harm and stress. Call us today to relieve some of this stress so that we can help you in many aspects of your case. We will stand by you in your time of need.