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Law Office of Wais Azami was chosen as one of the best Criminal Defense Law Firms in Orange County by the OC Register in 2024.

What is a domestic violence or domestic battery charge in California?

Domestic violence, also known as spousal battery or corporate injury to a cohabitant, is abuse or threats of harm to a person with whom the abuser is or has been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It's also known as corporal injury to a spouse or cohabitant. In addition, it is when the abused person and the abusive person are closely related by blood or by marriage. Immigration also considers domestic battery as moral character crime. Immigrants who are not a US citizen will face potential immigration consequences for such crimes.

What's the difference between Penal Code 273.5 and PC 243(e)(1)?

PC 273.5 is a felony wobbler charge. This means it can charged as a felony or a misdemeanor. When there are visible injuries, it's almost always charged as a felony. PC 243e1 is a misdemeanor where there was a physical battery, but there are no noticeable or detectable injuries. PC 243e1typically results from simple pushing where no one gets hurt. If someone does not bruise but they have internal injuries, it'll still be considered a felony PC 273.5 charge.

How is "abuse" defined for domestic violence charges?

Domestic violence laws define “abuse” as:

Physically hurting or trying to hurt someone, intentionally or recklessly;
Sexual assault;
Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone's peace; or destroying someone's personal property.
The physical abuse is not just punching or slapping with hands. Abuse can also be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.

Does domestic violence have to be physical?

Keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. If a child has witnessed one of their parents being physically assaulted, there could be charges for exposing the child to emotional trauma. Further, you do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. The next step after a spousal battery charge is usually a request for a temporary restraining order (TRO) by the victim.

These charges are very serious and you should see us at our office in Garden Grove. A local Orange County lawyer can better assess your case. We serve from Garden Grove to Anaheim, Santa Ana, Stanton and Westminster.

What happens if I'm falsely accused of domestic violence?

The best thing you can do is remain silent and call an attorney. Never argue with the police or it can make matters worse. Never yell or scream at the accuser or they will seem more credible to the police. Simply ask to speak to an attorney.

What are the defenses to domestic violence with injuries?

Common Defenses to Abuse with Injuries:

The injuries were an accident.
The Defendant did not cause the injuries.
The Defendant acted in self-defense or defense of others.
The victim made false accusations.
What is the punishment or penalty for a domestic violence conviction?

Possible Punishments and Consequences of a Domestic Violence Charge:

Mandatory Jail Time
Mandatory Classes for Domestic Violence, up to 52 weeks!
Fines and Restitution
Loss of guns rights
Restraining Order which limits your contact and distance to the victim
Criminal Record
Immigration Consequences--Domestic Violence is considered a crime of moral turpitude which qualifies for deportation/removal, denial of entry, and/or denial of renewals.
Probation (formal or informal)
Temporary Restraining Order (TRO)
Permanent Restraining Order
Is PC 653m considered domestic violence?

Wais Azami is a domestic violence lawyer in Garden Grove, Orange County perfectly located in OC to access all courts in Orange County in order to aggressively defend you against any of the above-mentioned charges of domestic battery (domestic violence, formerly spousal abuse). This video does not constitute legal advice (purely academic), nor is legal representation established from responses to comments.