Domestic Violence

San Diego Domestic Violence Attorneys

Domestic violence (also referred to as intimate partner violence (IPV), dating abuse, or relationship abuse) is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. It can happen to people of any race, age, gender, sexuality, education level, or economic status. Abuse includes physical violence, threatens, emotional abuse, or financial control.

California law makes it a criminal offense to threaten and/or harm a current or former:

  • Spouse
  • Cohabitant
  • Co-parent
  • Dating partner
  • Intimate partner

Common California Domestic Violence Crimes

  1. Penal Code 273.5, corporal injury to a spouse or inhabitant
  2. Penal Code 243(e)(1), domestic battery
  3. Penal Code 273d, child abuse
  4. Penal Code 273a, child endangerment
  5. Penal Code 270, child neglect/failure to provide care
  6. Penal Code 422, criminal threats
  7. Penal Code 646.9, stalking
  8. Penal Code 601, aggravated trespass
  9. Penal Code 647(j)(4), revenge porn
  10. Penal Code 653.2, posting harmful information on the internet

Restraining Orders

Abuse in domestic violence does not have to be physical. Abuse can be spoken, emotional, or psychological. If there is abuse or violence, and you are concerned for your safety, you may be able to request a restraining order. A restraining order restricts personal conduct by the person hurting you, can order the abuse to stay away from your home/work/children’s school, have them removed from a shared residence, and grant certain child custody visitation restrictions.

This restraining order process is different from a Criminal Protective Order-Domestic Violence (CLETS-CPO) (Pen.Code, §§136.2, 1203.097(a)(2), 136.2(i)(1), 273.5(j), 368, and 646.9(k)), which is usually put in place by the Judge at the arraignment (the first court hearing). There are two types of criminal protective orders: (1) a full protective order which will prohibit the Defendant and the Victim from interacting through all forms of communication (in-person, electronic, and through a 3rd party), and (2) a no negative protective order which will allow peaceful communication and contact between the Defendant and the Victim.

If you’ve been served or want to file for a restraining order against an ex-partner, contact our office for a free consultation.

Commo Penalties Associated With Being Convicted Of A Domestic Violence Charge

The consequences of a California domestic violence conviction can include:

  • Jail time
  • A 52-week domestic violence program
  • Loss of gun rights
  • Fines
  • Victim restitution
  • Immigration consequences for non-citizens
  • Loss of custody rights

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