If your partner or a member of your household accused you of domestic violence, you could receive either misdemeanor or felony charges. The court can pursue prosecution under several different California laws depending on the circumstances of your case.
Learn more about the laws governing domestic violence in California.
California defines battery as using violence or force against another person, with a specific section of the law prohibiting violence in intimate relationships. Simple battery usually constitutes a misdemeanor in the state. If the court convicts you for these charges, you could receive a $2,000 fine along with either 12 months in county jail or on probation. You must also attend court-ordered domestic violence counseling.
Serious bodily injury laws
Prosecutors can seek more serious charges for domestic violence that involved significant harm to the victim. California allows the court to decide whether to seek misdemeanor or felony charges against you. Your possible sentence for a conviction could include a $6,000 fine along with one to four years in county jail or state prison.
If you face domestic violence charges in California, you can present evidence showing that you acted in self-defense if available. In the meantime, you must abide by the terms of any protective order filed by the plaintiff in your case.
if you did not physically harm your spouse or family member, he or she can allege threats of harm when seeking a restraining order. With this type of legal document, the court restricts you from contacting the person who requested the order and from going to his or her home or workplace.