Domestic violence is not just one crime under California law. It is a group of charges that may apply depending on what happened, who was involved, whether anyone was hurt, and whether a court order was already in place. A skilled Sherman Oaks domestic violence attorney can explain what a charge means and how it may affect a criminal case, a restraining order, a custody issue, or a future record.
Domestic Battery
Domestic battery under Penal Code 243(e)(1) usually means a person is accused of using force or violence against an intimate partner. This may include a spouse, former spouse, co-parent, fiancé, fiancée, dating partner, or someone the person lives with.
This charge does not require a serious injury. It also does not always require a visible mark. A shove, slap, grabbed wrist, or fight over a phone may be enough for an arrest or charge, depending on what police and prosecutors believe happened. Even when charged as a misdemeanor, domestic battery can lead to probation, domestic violence classes, protective orders, fines, and firearm restrictions.
Corporal Injury
Corporal injury under Penal Code 273.5 is often treated as a more serious domestic violence charge because it involves an actual injury. California law calls this a traumatic condition, but that does not always mean a major injury. It may include a bruise, cut, swelling, red mark, or another injury caused by force. This charge may be a misdemeanor or a felony, depending on the injury, the circumstances of the case, and the person’s prior record.
Criminal Threats
Domestic violence cases do not always involve physical contact. A person may face a criminal threats charge under Penal Code 422 if they are accused of threatening to kill or seriously hurt someone, and the threat causes that person to have real and lasting fear for their safety or their family’s safety. These cases often involve texts, voicemails, social media posts, or things said during an argument.
Child Endangerment
Domestic violence cases can become more serious when children are nearby. Child endangerment under Penal Code 273a may be charged if a child is placed in a dangerous situation, even if the child is not physically hurt. Prosecutors may look at whether a child was present during a violent argument, was close to the fight, or was exposed to a risk of harm.
Stalking
Stalking means repeated unwanted behavior that causes another person to fear for their safety or their family’s safety. In a domestic violence case, this may include repeated calls, unwanted messages, showing up at someone’s home or job, tracking someone, or using online accounts to watch, bother, or threaten the person.
Violating a Domestic Violence Restraining Order
A restraining order is a court order. If a person is ordered not to contact someone, stay away from a home or job, or follow certain custody exchange rules, breaking those terms can lead to a separate criminal charge. A violation may involve direct contact, indirect contact through another person, or contact through social media. Even brief contact can cause legal trouble if it goes against the order.