Domestic Violence Defense Attorney—Penal Code 273.5 and 243(E)(1)

Rancho Cucamonga Domestic Violence Lawyer Explains DV Laws

Top-Rated Domestic Violence Lawyer in Rancho Cucamonga

In Rancho Cucamonga domestic violence allegations typically result in charges being filed against the accused by the prosecutors. This is true even if the alleged victim (such as a spouse, girlfriend or boyfriend) decides not to “prosecute” or cooperate with law enforcement. There are two common charges related to domestic violence crimes: Penal Code 273.5 and Penal Code 243(e)(1).

What is PC § 273.5?

Penal Code § 273.5(a) is charged when a person willfully inflicts “corporal injury resulting in a traumatic condition” upon any of the following people:

  • Current or former spouse
  • Current or former cohabitant
  • Mother or father of the person’s child

Penal Code § 273.5(c) defines a “traumatic condition” as any wound, external or internal injury, caused by a physical force to the victim’s body. Both minor and serious injuries are included. This charge usually will be brought when the alleged victim’s injury is actually visible. The types of injuries that could result in this charge include:

  • Black eye
  • Bloody nose
  • Cut on the skin
  • Bruise
  • Swelling
  • Scratch
  • Redness of the skin
  • Broken bone
  • Concussion

What is the Maximum Sentence for Penal Code § 273.5?

PC § 273.5 can be charged by the prosecutors either as a felony or a misdemeanor. If filed as a felony, the punishment may include a sentence of 2, 3 or even up to 4 years in state prison. If filed as a misdemeanor, the maximum sentence may include up to 1 year in the county jail. In either case, another aspect of the sentence would include a fine of up to $6,000.

However, Penal Code 273.5(e) imposes a higher sentence for individuals who have been previously convicted of various other offenses.

The sentence will also include a 52-week Domestic Violence Recovery Program that you must attend. You would attend one session every week. Each session lasts about 2 hours. There is a cost associated with each session, with the cost potentially reaching over $1,500.

What is Penal Code § 243(e)(1)?

Penal Code § 243(e)(1) is charged when someone commits a battery upon any of the following people:

  • Current or former spouse
  • Current or former fiancé
  • Current or former fiancé
  • Current or former girlfriend
  • Current or former boyfriend
  • Cohabitant
  • Mother or father of the person’s child

The term cohabitant is defined in Penal Code § 13700(b) as “two unrelated adults living together for a substantial period of time, resulting in some permanency of the relationship.”

California jury instructions indicate that factors that may determine whether people are cohabiting include, but are not limited to:

  • sexual relations between the parties while sharing the same residence
  • sharing of income or expenses
  • joint use or ownership of property
  • the parties’ holding themselves out as husband and wife or domestic partners
  • the continuity of the relationship
  • the length of the relationship.

A person may cohabit simultaneously with two or more people at different locations, during the same time frame, if he or she maintains substantial ongoing relationships with each person and lives with each person for significant periods.

Penal Code § 242 defines a battery as “any willful and unlawful use of force or violence upon the person of another.” The words “force” and “violence” can be misleading because even the slightest touch can be sufficient for domestic battery if the touching is done in a rude or angry way. The touching does not have to cause the slightest pain or even any injury at all, visible or otherwise.

What is the Maximum Sentence for Penal Code 243(e)(1)?

Penal Code section 243(e)(1), known as spousal battery or battery on a spouse, is a misdemeanor.  This means it has a maximum sentence is one year in jail and a fine of up to $2,000.  If you are convicted of this crime, the court may place you on 3 years on informal probation.  As a term of probation, the judge must order that you complete a 52-week domestic violence batterer’s treatment program.

If Charged with a Domestic Violence Crime, will I be able to continue living with the alleged victim?

On the first court date, known as the arraignment, the judge is required to issue a protective order protecting the alleged victim or complainant from you. The protective order will either be a Limited Protective Order (also called LPO or a “peaceful contact order”) or a full restraining order.

If the judge imposes a full restraining order, you and the complainant may not have any contact whatsoever, even indirectly. This means no physical contact, no talking, no phone calls, no emails, no texts, and no relaying messages by way of a third party such as a friend or family member. The only communication the judge will permit is via your attorney. If you are represented by a lawyer who has very little time to dedicate to your case (such as a public defender or any other lawyer who has an overbearing case load) it may be more difficult to relay messages between you and the complainant.

Judges will often allow for an exception to a full restraining order if you and the complainant both want to undergo couples counseling through a legitimate counselor or Marriage and Family Therapist.

If the judge imposes a limited protective order you and the complainant will be able to have as much contact as you want as long as it is peaceful and lawful. This means you will be restrained from stalking, harassing, or committing any crime upon the complainant, just as no one is permitted to do those things to anyone else.

How do I get the Criminal Protective Order lifted?

If the judge in your criminal case imposes a full restraining order, it may prove difficult to convince the judge to modify or terminate the order. Many judges will only hear a request to modify or terminate the protective order from the complainant. Without the complainant coming in to ask for the change, many judges will not even consider it.

Even then, many judges will first require that the full protective order remain in place for a few months before they will consider lifting it. On top of that, when the complainant asks that the order be terminated or modified, many judges want to see proof that the complainant has attended a number of classes aimed at teaching the victim of domestic violence techniques in domestic violence prevention and protection.

Rancho Cucamonga Domestic Violence Defense Strategies

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You need the best Rancho Cucamonga domestic violence lawyer available. Make sure you complete the 8 homework assignments to help us win your case. You need a lawyer with the strength, experience, and knowledge to defend you. To speak with Rancho Cucamonga domestic violence attorney Tate R. Lounsbery today, call 619-792-1451 or send us an email.