California Request for Domestic Violence Prevention Order

If the altercation that led to the alleged domestic violence was less of an assault and more of a mutual fight, the accuser may realize they could be charged as well and invoke their fifth amendment right against self-incrimination. Without a cooperating witness, the case may be dismissed.

Punishment for Domestic Violence. A domestic violence conviction will result in a minimum sentence of three years of probation and successful completion of a 52-week mandatory batterer's program which meets one session per week for a minimum of two hous.

Most domestic violence criminal cases do not go to trial. If the facts are against you the lawyers discuss the facts and make a plea bargain. When the facts are in your favor often your case will need to be ready for trial before the district attorney will dismiss it.

These include jail time, domestic violence counseling, fines, various fees, probation and the issuance of a protective order. Additionally, the defendant will likely lose his or her Second Amendment rights and be required to forfeit all firearms. There may be custody issues involving his or her children.

Criminal charges must be proven beyond a reasonable doubt (the highest legal burden of proof), while domestic violence for restraining orders only must be proven by a preponderance of the evidence, which means the judge believes it is more likely than not that domestic violence happened.

If you were convicted of misdemeanor domestic violence, there is a 10 year prohibition from the state of California under Penal Code § 12021 c 1. Obtaining an expungement does not reinstate firearms rights.

California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Common charges include Penal Code 243(e)(1) domestic battery and Penal Code 273.5, inflicting corporal injury on an intimate partner.

Physical EvidenceEvidence such as photographs of the alleged victim's injury, or of destroyed or damaged property can be very powerful evidence for the prosecution in a domestic violence case.Physical evidence may be trustworthy, but it is still open to interpretation.

The current statute of limitations for domestic violence charges in California is three years. In addition, the law would require additional training for law enforcement officers on domestic violence.