These laws specifically prohibit the use of physical force or communicating threats of physical force upon an intimate partner. The following are the domestic violence laws currently in force in the state of California:
a) Sec 273.5 of the California Penal Code or Corporal Injury to a Spouse or Cohabitant. This law criminalizes the infliction of “corporal injury” upon another that results in “traumatic condition”. This is committed when a partner strikes his/her intimate partner in a violent manner resulting in a visible injury. The victim is either the current or former spouse, a cohabitant or parent of a common child.
b) Sec 243(e)(1) of the California Penal Code or Domestic Battery. This crime is a misdemeanor and is committed by the infliction of force or violence upon an intimate partner. The intimate partner includes the fiancé, parent of the child, current or former spouse or dating partner. In this crime, there is no need for a resulting visible injury to result from such crime.
c) Sec 273(d) of the California Penal Code or Child Abuse Law. This criminalizes the infliction of “corporal punishment or injury” upon a child that was cruel or inhuman in nature. The said act resulted in an injury, no matter how slight makes the act criminal. While there is reasonable latitude given to parents to discipline their child, when such punishment is cruel or results in injury upon the child, then the crime of child abuse is committed.
d) Sec 273(a) of the California Penal Code or Child Endangerment. This crime is the willful allowing of a child under an individual’s care or custody to suffer harm or to have their health or safety in danger.
e) Sec 368 of the California Penal Code or Elder Abuse. This crime involves the infliction of physical or emotional abuse, neglect, endangerment or financial fraud upon an individual aged 65 years or above. The common violators of this crime are caregivers or any individual that inflicts harm upon a senior citizen.
f) Sec 422 of the California Penal Code or Criminal Threats. The crime committed here is the threat of infliction of serious harm upon another with the intent of putting fear in the person and the person receiving such threat feels fear of their safety or life.
There are factors that are considered in the imposition of penalties for violation of California domestic violence laws. These include the seriousness of the injuries, if any were sustained and the accused’s criminal record. Often the penalties imposed include thirty days in county jail and attendance in a domestic batterer’s rehabilitation class. Another penalty is the permanence of domestic violence convictions on their criminal record.
The crime of domestic violence is a serious offense in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.