What domestic battery means
Domestic battery is any willful and unlawful use of force against a spouse or former spouse, someone you live with, someone you’re dating or used to date, a fiancé, or your child’s other parent. No injury is required. A push or a grab can be enough.
It’s a misdemeanor, with up to a year in county jail and a fine of up to $2,000. When there’s an injury, even a minor one, police and prosecutors often reach for the felony-or-misdemeanor charge instead: corporal injury, Penal Code 273.5. Many cases booked as corporal injury end up filed as domestic battery.
A first case is often a good candidate for diversion
If you don’t have a record and you’re charged only with misdemeanor domestic battery, that’s often the kind of case I can get dismissed through a diversion agreement. You complete agreed terms, and the case is dismissed. I can’t promise a result, but a dismissal is always the goal.
One catch: the kind of diversion a judge can grant over the DA’s objection doesn’t apply to domestic violence. So diversion here usually takes the DA’s agreement, and that means presenting your case the right way. How I approach domestic violence cases.
A year of classes, or a few hours?
This is one of the biggest questions in a domestic battery case, and many people don’t know it’s on the table.
- With a conviction, the law requires a batterer’s treatment program that lasts at least a year, with weekly sessions. That’s a lot of time and money.
- In diversion, the classes are negotiable. Instead of the year-long program, it might be a short online anger management class, or a set number of anger management sessions.
How long the class takes to finish usually isn’t the issue. The number of hours or sessions is what I negotiate, because that’s what costs you time and money.
What decides how your case goes
Most domestic violence cases turn on two questions: what does the alleged victim want, and was anyone hurt? Then there’s the evidence, and your history.
- Self-defense. It’s the defense I see most. The person who called police, or who has a mark, isn’t always the one who started it. When the person with the mark started it.
- The evidence. Other witnesses, the 911 call, body camera video, photos, and messages often tell a fuller story than the police report. What I look for.
- Early work. Before the DA decides what to file, information that isn’t in the reports can mean no charges at all. What to do before charges are filed.
Other ways a case can end
When diversion isn’t available, I work toward a reduction to a charge that isn’t a domestic violence offense. That can lower some of the risks, including to your gun rights, though not every reduction does. And when a reduction is possible, diversion and a full dismissal often are too. When you become eligible, I typically clear your record for you at no additional charge.
Court, stay-away orders, and what not to say
- Court. Domestic violence cases are heard in Department 60 at the jail courthouse, 651 I Street. Unlike most misdemeanors, you’ll need to be at some hearings, including the first one. I’ll be there with you.
- Stay-away orders. The judge will often order you to stay away from the other person, even if they don’t want that. I work for no order, or a peaceful-contact order, with room for your kids and family. How protective orders work.
- What not to say. Don’t talk about what did or didn’t happen, with police, with the other person, or anyone else. Jail calls are recorded.
Questions
Can I get domestic battery dismissed?
It’s often possible, especially on a first offense, through diversion or an outright dismissal. It usually takes the DA’s agreement, and the terms are negotiable. I can’t promise a result, but a dismissal is the goal in every case.
Do I have to do the 52-week class?
If you’re convicted and placed on probation, yes: the law requires a batterer’s program of at least a year. In diversion, it can often be replaced with a much shorter anger management class or a set number of sessions.
Will this affect my gun rights?
A domestic violence conviction puts your gun rights at risk, possibly for life, and clearing your record later may not restore them. That’s a big reason to avoid a conviction. Why avoiding a domestic violence conviction matters.