The Law on Domestic Violence, Spousal Abuse
BURBANK LAW FIRM
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Penal Code § 273.5. Infliction of injury on present or former spouse or cohabitant
or parent of child; Punishment; Conditions of probation:
(a) Any person who willfully inflicts upon a person who is his or her spouse, former
spouse, cohabitant, former cohabitant, or the mother or father of his or her child,
corporal injury resulting in a traumatic condition, is guilty of a felony, and upon
conviction thereof shall be punished by imprisonment in the state prison for two, three,
or four years, or in a county jail for not more than one year, or by a fine of up to six
thousand dollars ($6,000) or by both that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person with whom one is
cohabiting is not necessary to constitute cohabitation as the term is used in this section.
(c) As used in this section, “traumatic condition” means a condition of the body, such
as a wound or external or internal injury, whether of a minor or serious nature, caused
by a physical force.
(d) For the purpose of this section, a person shall be considered the father or mother of
another person's child if the alleged male parent is presumed the natural father under
Sections 7611 and 7612 of the Family Code.
(e) (1) Any person convicted of violating this section for acts occurring within seven
years of a previous conviction under subdivision (a), or subdivision (d) of Section 243,
or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail
for not more than one year, or by imprisonment in the state prison for two, four, or five
years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven
years of a previous conviction under subdivision (e) of Section 243 shall be punished by
imprisonment in the state prison for two, three, or four years, or in a county jail for not
more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that
imprisonment and fine.
(f) If probation is granted to any person convicted under subdivision (a), the court shall
impose probation consistent with the provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a sentence is suspended,
for any defendant convicted under subdivision (a) who has been convicted of any prior
offense specified in subdivision (e), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years
for a violation of any offense specified in subdivision (e), it shall be a condition thereof,
in addition to the provisions contained in Section 1203.097, that he or she be imprisoned
in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous
seven years for a violation of any offense specified in subdivision (e), it shall be a
condition of probation, in addition to the provisions contained in Section 1203.097, that
he or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the mandatory
imprisonment required by this subdivision shall not be imposed and shall state on the
record its reasons for finding good cause.
(h) If probation is granted upon conviction of a violation of subdivision (a), the
conditions of probation may include, consistent with the terms of probation imposed
pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's shelter, up to a
maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result of the defendant's
offense.
For any order to pay a fine, make payments to a battered women's shelter, or pay
restitution as a condition of probation under this subdivision, the court shall make a
determination of the defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the ability of the
defendant to pay direct restitution to the victim or court–ordered child support. Where
the injury to a married person is caused in whole or in part by the criminal acts of his or
her spouse in violation of this section, the community property may not be used to
discharge the liability of the offending spouse for restitution to the injured spouse,
required by Section 1203.04, as operative on or before August 2, 1995, or Section
1202.4, or to a shelter for costs with regard to the injured spouse and dependents,
required by this section, until all separate property of the offending spouse is exhausted.
Arrest for Domestic Violence
When an officer responds to a call alleging a violation of a domestic violence protective
or restraining order (whether issued in California or another state), and the officer has
probable cause to believe that the person against whom the order is issued has notice of
the order and has committed an act in violation of the order, the officer must make a
warrantless arrest and take the violator into custody, regardless of whether or not the
offense was committed in the officer’s presence. The officer must, as soon as possible
after the arrest, confirm with the appropriate authorities or the Domestic Violence
Protection Order Registry that a true copy of the protective order has been registered,
unless the victim provides the officer with a copy of the protective order. Cal. Pen. Code
§836(c)(1). In cases where mutual protective orders have been issued, the officer need
only arrest the person reasonably believed to have been the primary aggressor. The
primary aggressor is the person determined to be the most significant, rather than the
first, aggressor. In identifying the primary aggressor, the officer should consider: (i) the
intent of the law to protect victims of domestic violence from continuing abuse, (ii) the
threats creating fear of physical injury, (iii) any history of domestic violence between the
persons involved, and (iv) whether either person involved acted in self-defense. Cal. Pen.
Code §836(c)(3).
Law References Provided by Lexis-Nexis.
If you or a loved one has been arrested, call the Domestic Violence Defense Lawyers in
Burbank for a free consultation. For over a decade we have been defending those
accused in this area of the law with great success.
or parent of child; Punishment; Conditions of probation:
(a) Any person who willfully inflicts upon a person who is his or her spouse, former
spouse, cohabitant, former cohabitant, or the mother or father of his or her child,
corporal injury resulting in a traumatic condition, is guilty of a felony, and upon
conviction thereof shall be punished by imprisonment in the state prison for two, three,
or four years, or in a county jail for not more than one year, or by a fine of up to six
thousand dollars ($6,000) or by both that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person with whom one is
cohabiting is not necessary to constitute cohabitation as the term is used in this section.
(c) As used in this section, “traumatic condition” means a condition of the body, such
as a wound or external or internal injury, whether of a minor or serious nature, caused
by a physical force.
(d) For the purpose of this section, a person shall be considered the father or mother of
another person's child if the alleged male parent is presumed the natural father under
Sections 7611 and 7612 of the Family Code.
(e) (1) Any person convicted of violating this section for acts occurring within seven
years of a previous conviction under subdivision (a), or subdivision (d) of Section 243,
or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail
for not more than one year, or by imprisonment in the state prison for two, four, or five
years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven
years of a previous conviction under subdivision (e) of Section 243 shall be punished by
imprisonment in the state prison for two, three, or four years, or in a county jail for not
more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that
imprisonment and fine.
(f) If probation is granted to any person convicted under subdivision (a), the court shall
impose probation consistent with the provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a sentence is suspended,
for any defendant convicted under subdivision (a) who has been convicted of any prior
offense specified in subdivision (e), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years
for a violation of any offense specified in subdivision (e), it shall be a condition thereof,
in addition to the provisions contained in Section 1203.097, that he or she be imprisoned
in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous
seven years for a violation of any offense specified in subdivision (e), it shall be a
condition of probation, in addition to the provisions contained in Section 1203.097, that
he or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the mandatory
imprisonment required by this subdivision shall not be imposed and shall state on the
record its reasons for finding good cause.
(h) If probation is granted upon conviction of a violation of subdivision (a), the
conditions of probation may include, consistent with the terms of probation imposed
pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's shelter, up to a
maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result of the defendant's
offense.
For any order to pay a fine, make payments to a battered women's shelter, or pay
restitution as a condition of probation under this subdivision, the court shall make a
determination of the defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the ability of the
defendant to pay direct restitution to the victim or court–ordered child support. Where
the injury to a married person is caused in whole or in part by the criminal acts of his or
her spouse in violation of this section, the community property may not be used to
discharge the liability of the offending spouse for restitution to the injured spouse,
required by Section 1203.04, as operative on or before August 2, 1995, or Section
1202.4, or to a shelter for costs with regard to the injured spouse and dependents,
required by this section, until all separate property of the offending spouse is exhausted.
Arrest for Domestic Violence
When an officer responds to a call alleging a violation of a domestic violence protective
or restraining order (whether issued in California or another state), and the officer has
probable cause to believe that the person against whom the order is issued has notice of
the order and has committed an act in violation of the order, the officer must make a
warrantless arrest and take the violator into custody, regardless of whether or not the
offense was committed in the officer’s presence. The officer must, as soon as possible
after the arrest, confirm with the appropriate authorities or the Domestic Violence
Protection Order Registry that a true copy of the protective order has been registered,
unless the victim provides the officer with a copy of the protective order. Cal. Pen. Code
§836(c)(1). In cases where mutual protective orders have been issued, the officer need
only arrest the person reasonably believed to have been the primary aggressor. The
primary aggressor is the person determined to be the most significant, rather than the
first, aggressor. In identifying the primary aggressor, the officer should consider: (i) the
intent of the law to protect victims of domestic violence from continuing abuse, (ii) the
threats creating fear of physical injury, (iii) any history of domestic violence between the
persons involved, and (iv) whether either person involved acted in self-defense. Cal. Pen.
Code §836(c)(3).
Law References Provided by Lexis-Nexis.
If you or a loved one has been arrested, call the Domestic Violence Defense Lawyers in
Burbank for a free consultation. For over a decade we have been defending those
accused in this area of the law with great success.
CRIMINAL LAW EXCLUSIVELY
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
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