What Are Domestic Violence Charges?
Domestic violence in California encompasses a range of criminal offenses involving abuse or threats against a current or former spouse, cohabitant, dating partner, co-parent, or close family member. The two most commonly charged domestic violence statutes are Penal Code 243(e)(1) — domestic battery — and Penal Code 273.5 — corporal injury to a spouse or cohabitant. These charges carry serious consequences including jail time, restraining orders, mandatory counseling, and a lifetime firearm ban.
If you are facing domestic violence charges in San Jose, San Francisco, Sunnyvale, Mountain View, or anywhere throughout the Bay Area, the defense attorneys at RV Litigation Group PC are ready to protect your rights. Domestic violence accusations are often one-sided, and a skilled defense attorney can uncover the full picture that the prosecution may not present.
What the Law Says
Penal Code 243(e)(1) — Battery on a Spouse
"When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars, or by imprisonment in a county jail for a period of not more than one year, or by both." — California Penal Code Section 243(e)(1)
This is the less severe of the two main domestic violence charges. It is always filed as a misdemeanor and does not require the prosecution to prove that any visible injury occurred. Any willful and unlawful use of force or violence — even a push, grab, or slap that leaves no mark — can support a charge under this section. Courts in Santa Clara County take these cases very seriously, routinely imposing protective orders at the first court appearance.
Penal Code 273.5 — Corporal Injury to a Spouse
"Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) 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, or by both." — California Penal Code Section 273.5
This is the more serious domestic violence charge and is a wobbler — meaning it can be filed as either a misdemeanor or a felony. Unlike PC 243(e)(1), this section requires evidence of a "traumatic condition," which is defined as a wound or bodily injury caused by physical force. Even minor injuries such as bruising, redness, or swelling can satisfy this element. Prosecutors in San Mateo County and throughout the Bay Area frequently file this charge as a felony when photographs or medical records document any visible injury.
Real-World Examples
These scenarios illustrate how domestic violence charges commonly arise in the Bay Area:
A married couple in San Jose gets into a heated argument. During the dispute, one spouse pushes the other, who stumbles into a wall and bruises their arm. A neighbor calls 911. When officers arrive, they observe the bruise and arrest the person who pushed their spouse. The district attorney files charges under PC 273.5 because there is a visible traumatic condition, even though both parties say it was an accident.
A man in Sunnyvale is going through a contentious divorce. His estranged wife calls police claiming he grabbed her arm during an exchange of the children. There are no witnesses and no visible injuries. He is arrested and charged with domestic battery under PC 243(e)(1). His defense attorney investigates and discovers text messages where the wife discussed fabricating allegations to gain advantage in custody proceedings.
A couple in Mountain View gets into a physical altercation where both parties strike each other. When police arrive, only one party has visible injuries, and the other is arrested. The arrested individual may have a self-defense claim if they can demonstrate that they were responding to the other person's aggression and used only reasonable force to protect themselves.
A woman in San Francisco strikes her boyfriend during an argument, causing a fractured cheekbone. She is charged with felony corporal injury under PC 273.5 with a great bodily injury enhancement under PC 12022.7, which adds three to five additional years to the potential sentence. The severity of the injury elevates what might have been a misdemeanor to a serious felony case.
Penalties
Domestic violence penalties vary based on the specific charge, whether the offense is filed as a misdemeanor or felony, the severity of any injuries, and the defendant's criminal history.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| Domestic Battery (PC 243(e)(1)) | Misdemeanor | Up to 1 year county jail | Up to $2,000 |
| Corporal Injury (PC 273.5 misd.) | Misdemeanor | Up to 1 year county jail | Up to $6,000 |
| Corporal Injury (PC 273.5 felony) | Felony | 2, 3, or 4 years state prison | Up to $6,000 |
| Corporal Injury with GBI (PC 273.5 + 12022.7) | Felony | 5–9 years state prison | Up to $6,000 |
Additional consequences: A domestic violence conviction — even a misdemeanor — triggers a lifetime firearm ban under both state and federal law, mandatory completion of a 52-week batterer's intervention program, a criminal protective order that can last up to ten years, and potential impacts on child custody, immigration status, professional licensing, and employment. Probation conditions typically include community service, counseling, and restitution to the victim.
Legal Defenses
Domestic violence charges are often based on one person's account of what happened. Our attorneys examine every angle to build the strongest possible defense for clients in San Jose and throughout California:
1. False Accusations
Domestic violence allegations are frequently made in the context of divorce, child custody disputes, or relationship breakdowns. The accuser may have a motive to fabricate or exaggerate — to gain leverage in family court, to obtain sole custody, or out of anger or jealousy. We investigate the accuser's credibility, look for inconsistencies in their statements, review text messages and social media, and identify any pattern of manipulative behavior that undermines the allegations.
2. Self-Defense
If you were the one being attacked and used reasonable force to protect yourself, you may have a valid self-defense claim. California law allows you to use the amount of force necessary to defend yourself against an immediate threat of harm. We gather evidence — including photographs of your injuries, medical records, witness statements, and prior incidents of aggression by the accuser — to demonstrate that you acted in self-defense.
3. Lack of Willful Conduct
Both PC 243(e)(1) and PC 273.5 require that the defendant acted willfully. If the contact was accidental — for example, you bumped into your partner while moving through a narrow hallway, or your arm made contact during a reflexive gesture — the prosecution cannot establish the required intent. We present evidence showing that the physical contact was unintentional and not the result of a deliberate act.
4. Insufficient Evidence
Many domestic violence cases come down to one person's word against another's, with no independent witnesses, no surveillance footage, and no physical evidence. The prosecution bears the burden of proving every element beyond a reasonable doubt. If the only evidence is the accuser's testimony, and that testimony is inconsistent or contradicted by other facts, we argue that the prosecution has not met its burden. Clients arrested in Sunnyvale and surrounding cities often find that the evidence against them is weaker than the initial charges suggest.
5. Mutual Combat
When both parties were engaged in a physical altercation, the situation is more nuanced than a one-sided attack. Mutual combat does not eliminate criminal liability, but it can significantly affect how the case is charged and negotiated. We present evidence showing that the alleged victim was also an aggressor, which can lead to reduced charges, favorable plea negotiations, or a more sympathetic jury instruction at trial.
6. No Traumatic Condition
For a PC 273.5 charge, the prosecution must prove that the defendant's conduct caused a "traumatic condition" — a wound or bodily injury, however minor, resulting from physical force. If there are no photographs of injuries, no medical records, and the accuser did not seek treatment, we argue that the prosecution cannot establish this required element and that the charge should be reduced to misdemeanor battery or dismissed entirely.
Frequently Asked Questions
No. In California, only the prosecutor can decide whether to file or drop criminal charges. Once law enforcement has been called and a report has been made, the district attorney may proceed with the case even if the alleged victim does not want to cooperate. Prosecutors often rely on 911 recordings, officer observations, photographs of injuries, and other evidence to pursue the case without the victim's testimony.
In most domestic violence cases, the court issues a criminal protective order at the arraignment. This order may prohibit you from contacting the alleged victim, coming within a certain distance of their home or workplace, or possessing firearms. Violating a protective order is a separate criminal offense under Penal Code 273.6, which can result in additional charges and jail time.
Yes. Under both California and federal law, a conviction for a domestic violence offense — including misdemeanor domestic battery under PC 243(e)(1) — results in a lifetime ban on owning or possessing firearms. This applies even if the conviction is later expunged. Additionally, a domestic violence restraining order alone, even without a conviction, prohibits firearm possession while the order is in effect.
California law does not require a mandatory arrest in all domestic violence situations, but officers are strongly encouraged to make an arrest when they have probable cause to believe a felony occurred or when there are visible injuries. Many law enforcement agencies in Santa Clara County and San Mateo County have pro-arrest policies, meaning officers will almost always make an arrest when responding to a domestic violence call.
Yes. Domestic violence offenses are considered deportable crimes under federal immigration law. A conviction for domestic violence, stalking, child abuse, or violating a protective order can result in removal proceedings, denial of naturalization, or denial of re-entry into the United States. Non-citizens facing domestic violence charges should consult with both a criminal defense attorney and an immigration lawyer.
