Can someone go to jail for domestic violence offenses? Absolutely! Penalties for domestic violence may vary depending on the judge who hears the case, but the state of California has guidelines in place for sentencing. A domestic violence conviction carries the possibility of jail time along with a fine. California law also provides for protective orders for victims of domestic violence.
Which Domestic Violence Offenses Will Send a Person to Jail?
The jail time for domestic violence offenses is affected by a number of issues, including:
- The seriousness of injuries suffered by the victim.
- The existence of any previous record of domestic violence.
While not set in stone, courts typically order a minimum of 30 days for a misdemeanor domestic violence conviction. If it is a first offense, some judges allow the perpetrator to serve probation. Depending on the circumstances, a person can be charged with multiple offenses.
- Jail Time for Domestic Battery. Referred to by the state of California as “battery” or “domestic battery,” battery is a willful, hurtful act that is intended to injure a domestic partner. Domestic partners can be a spouse, child, parent of a child, fiancé, boyfriend or girlfriend. Acts under this definition include grabbing someone’s clothing, punching, and kicking. Under the law, the maximum sentence for this type of offense is one year, or three years’ probation. If given probation, there may also be a fine of up to $2,000 and a requirement to complete a Batter’s Program.
- Jail Time for Child Abuse. The California Penal Code calls for strict punishment for physical child abuse, including acts of fighting and bruising a child, or beating a child severely enough that marks are left. This abuse is considered willful and the Code can also be used to charge the crime as a felony. Charges depend on the facts of the case and the perpetrator’s history of abuse. Penalties include jail time up to one year and up to $6,000 in fines. Probation and completion of a treatment program are also options the court will consider.
- Jail Time for Spousal Abuse. Also referred to as corporal abuse, spousal abuse under California Penal Code 273.5 occurs between intimate partners. Any claimed physical injury must be proven and that proof must be presented to the court. Injuries, which can range from broken bones to severe trauma, must have been inflicted willfully. Punishment ranges from probation to one year in jail, and a fine of up to $6,000 is also imposed.
What Determines Domestic Violence Offenses?
The severity of the penalties, including potential jail or prison sentences, varies significantly based on several factors:
- Severity of the Offense:
- Misdemeanor domestic violence charges typically involve less severe injuries or threats, and may result in shorter jail sentences or alternative penalties like probation.
- Felony domestic violence charges, which often involve serious bodily injury, the use of weapons, or repeat offenses, can lead to significantly longer prison sentences.
- Prior Criminal Record:
- Repeat offenders, especially those with prior domestic violence convictions, generally face harsher penalties.
- State Laws:
- Domestic violence laws and sentencing guidelines vary from state to state.
- Specific Circumstances:
- Factors such as whether children were present, whether a restraining order was violated, or whether the victim was pregnant can also influence sentencing.
••Minella Law Can Help••
A conviction for domestic violence can result in a lengthy jail sentence. If you are dealing with a domestic violence issue during your divorce, a California family law attorney with experienced in domestic violence issues can explain your rights and guide you through the process. An experienced custody & family law attorney can help. We are ready to assist with all your family needs – we offer a complimentary consultation to discuss your needs.
Reach out to us for your complimentary consultation today at 619.289.7948
