California’s Domestic Violence Laws

A Quick Summary of California's Domestic Violence Laws: Bakersfield Criminal Defense Attorney Christopher Martens

If you or a loved one are facing domestic violence charges in California, it's crucial to understand the specific laws and potential consequences. Christopher Martens and the experienced legal team at Martens Law Firm are here to provide skilled defense strategies in Bakersfield and the Central Valley.

Key Domestic Violence Laws in California

1. Penal Code 273.5: Corporal Injury to a Spouse or Inhabitant
   This law covers willfully inflicting physical injury on a spouse, cohabitant, or the parent of your child, leading to a traumatic condition.

2. Penal Code 243(e)(1): Domestic Battery
   This charge involves any harmful or offensive touching of a spouse, cohabitant, or parent of your child, even without visible injury.

3. Penal Code 273d: Child Abuse
   This code applies to anyone who inflicts physical punishment or injury on a child that results in a traumatic condition.

4. Penal Code 273a: Child Endangerment
   This law is used when someone places a child in a situation where they are at risk of harm, even if no physical injury occurs.

5. Penal Code 270: Child Neglect/Failure to Provide Care
   Failing to provide necessities for a child, including food, shelter, and medical care, can lead to criminal charges under this statute.

6. Penal Code 368: Elder Abuse
   This code addresses physical, emotional, or financial abuse of elders or dependent adults.

7. Penal Code 422: Criminal Threats
   Making threats of harm with the intent to cause fear can lead to criminal charges, even if the threat is not carried out.

8. Penal Code 646.9: Stalking
   Repeatedly following or harassing someone with the intent to place them in fear for their safety can result in a stalking charge.

9. Penal Code 591: Damaging a Telephone Line
   Intentionally cutting or tampering with phone lines or other communication devices can be charged under this statute.

10. Penal Code 601: Aggravated Trespass
    This law covers entering someone's property with the intent to carry out a threat of serious bodily harm.

11. Penal Code 647(j)(4): Revenge Porn
    Distributing intimate images of someone without their consent, intending to cause distress, can lead to criminal charges under this code.

Consequences of a California Domestic Violence Conviction

A conviction for domestic violence in California carries serious repercussions, including:

• Mandatory Minimum Jail Time: Convictions often require a mandatory jail sentence, depending on the severity of the offense.
• Participation in a Batterers' Program: Courts typically order attendance in a 52-week domestic violence counseling program.
• Loss of Custody Rights: A conviction can lead to losing or severely limiting custody and visitation rights.
• Loss of Gun Rights: Individuals convicted of domestic violence are often prohibited from owning or purchasing firearms.
• Immigration Consequences: For non-citizens, a conviction may lead to deportation or denial of re-entry into the United States.

Why You Need a Skilled Defense Attorney

Navigating California's complex domestic violence laws requires a defense attorney who understands both the legal system and the unique aspects of each case. At Martens Law Firm, our Bakersfield criminal defense attorneys are dedicated to protecting your rights and working toward the best possible outcome for your situation.

If you or someone you know is facing domestic violence charges, contact Martens Law Firm today. We proudly serve Bakersfield and the surrounding Central Valley. Call us at (559) 372-0942 or (661) 336-9335 for a consultation.