Domestic violence is something that California is seeking to prevent and lessen with strict laws and fitting punishment for those found guilty of the act. The state identifies domestic violence as an act an individual commits against a relation as defined by the California Penal Code.
These relationships include: spouse or former spouse, cohabitant or former cohabitant in a home, a parent whom the individual has a child with, or a partner in a dating relationship. Because domestic violence usually is paired with child abuse, California lawmakers are constantly trying to help those who are affected by domestic violence.
But what exactly is the current domestic violence law in California? Current domestic violence falls under the battery category of violence. Battery violence is defined as the willful and unlawful use of force or violence against a person. This type of violence usually inflicts serious bodily injury to the victim.
Domestic violence falls under section 243 (d) of the California penal code, meaning that those who are found guilty of domestic violence face harsher punishment than those who are found guilty of battery.
However, section 243 (d) is not the only penal code that helps those who are suffering from domestic violence. California penal code 273.5 is also key factor in many domestic violence cases. Code 273.5 criminalizes those who inflict domestic violence which usually leads to corporal injury resulting in a traumatic condition in the individual affected.
So what does this all mean? Well first, the normal penalties for those convicted of battery under the California Penal Code are a $2,000 fine as well as up to one year in prison. However, for first time offenders, probation can be agreed upon if the convicted person agrees to counseling services.
However, Section 243 (d) can increase the prison punishment from one year in county jail to two to four years in state prison and an issuance of a restraining order against the convicted.
Lastly, California Penal Code 273.5 gives the convicted person an additional $6,000 fine and the same amount of prison time as section 243 (d).
In California it is important to know that the state has become non-tolerant of those convicted of domestic violence, especially repeat offenders.
If you know or someone you know is currently suffering from domestic violence, the Law Offices of Edward Lai law is willing to help.
For a consultation about your domestic violence case contact Edward Lai Law at 510-397-8287.