Domestic Violence Penalties in California

If you are facing criminal charges involving domestic violence in California, we understand that you have questions, and our Sacramento criminal defense attorneys are here to guide you through the legal process. To start, here is a list of domestic violence penalties in California. Contact Abrate & Olsen Law Group for more information on how to navigate the legal process.

Criminal Record

When convicted of a California domestic violence charge, the conviction is placed on the defendant’s permanent criminal record. The conviction will then appear during a background check. This can impede the ability to secure employment, housing, some state licensing, and other benefits.

A domestic violence conviction that resulted in a state prison sentence or parole would not be eligible for expungement in California.

Child custody disputes

Parents who are convicted domestic abusers are generally prohibited from being awarded sole or joint physical or legal custody of a minor child pursuant to California Family Code 3011 and California Family Code 3044. The courts deem that there is a rebuttable presumption that “… a person who has perpetrated domestic violence is detrimental to the best interest of the child …”. This presumption can only be rebutted by a preponderance of the evidence in the case.

A domestic violence conviction can still afford the parent the ability to file for and obtain visitation rights in some instances.

Immigration status

Under US immigration law, many convictions for domestic violence in California count as an aggravated felony or a crime involving moral turpitude (CIMV). Title 8 of U.S. Code Section 1127 allows for the deportation of a non-U.S. citizen guilty of criminal offenses. Title 8 of the U.S. Code Section 1182 can deny a non-U.S. citizen admission to the United States.

Loss of the right to possess or own a firearm

Being convicted of a misdemeanor or felony charge associated with domestic violence can result in losing your Second Amendment right to own or possess a firearm for a set time or permanently.

Various misdemeanor convictions carry a ten-year firearm ban including:

• Assault
• Battery
• Additional Domestic Violence related crimes
• Making criminal threats

Felony convictions carry a lifetime ban of your Second Amendment rights, including owning or possessing a firearm.

Treatment and counseling program

To further rehabilitate domestic abusers, judges routinely require enrolling and completing a year-long treatment and counseling program. The court will often require this program in conjunction with convictions resulting in incarceration, summary probation, or formal probation.

Victim restitution

As part of sentencing, a judge may order the convicted to pay financial restitution to the victim. Restitutions can include but are not limited to lost wages and medical bills (including counseling for mental health).