California Penal Code section 836(d) states that when a police officer is called to a domestic violence situation: Unfortunately, California law makes that kind of impossible. Along with potential jail time, people accused of domestic violence also face having to complete a one-year batterer's treatment program and might have a restraining order put against them by the victim.īack to Top When Are Domestic Violence Defendants Arrested?įollowing a call to 911 or an accusation of domestic violence, the alleged victim may want the charges dropped due to a misunderstanding, an accusation made out of anger, or other reasons. Up to four years in a California state prison and/orĪ domestic violence charge in California is very serious.If convicted of domestic violence, an Orange County court can punish you with: Charges under Penal Code Section 273.5 are considered felonies in California, but other domestic violence charges, such as child abuse, domestic battery, and elderly abuse, are considered “wobblers,” which means you can be charged with a misdemeanor or a felony. This law refers to domestic violence situations involving an injury to a person who is or used to be an intimate partner of the accused person. The most common domestic violence charge is related to California Penal Code Section 273.5. In California, domestic violence legally consists of physically harming or injuring another person, stalking, threatening, or damaging another person's property. We can provide the diligent legal defense you need to protect your future and reputation. Guisti has helped many clients through these difficult times. If you or a loved one has been charged with domestic violence, you need to contact an experienced OC domestic violence attorney. Even in domestic violence cases where the victim refuses to testify, the prosecution can still get a conviction without the victim's testimony. In fact, most domestic violence cases are prosecuted without the victim's cooperation. But, it's a myth that a victim can just make the case go away. ![]() ![]() Many victims in domestic violence cases to want to drop charges and have the case dismissed. Involved in a Domestic Violence Situation?
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