Having to deal with domestic violence can be emotionally painful, confusing, and exhausting. It’s often a layered, complicated situation that forces you to confront some harsh truths about someone you may have trusted. Facing abuse from a loved one can result in irreparable psychological damage as well as physical injury, and it’s important you take steps to protect yourself. You may wonder: What is the average sentence for domestic violence in California?
What Is the Average Sentence for Domestic Violence in California?
Unfortunately, there is no average sentence for domestic violence in California. Every domestic violence case is different, with each case having its own details and circumstances that make every individual case a unique experience. Just because someone is sentenced to several years in prison for a case similar to yours, it doesn’t mean that your case will result in the same sentence for your abuser.
When it comes to domestic violence, the penalties may be considerably less for first-time offenders. Depending on the situation, you could be charged with a misdemeanor, which would result in a potential penalty of prison time, a fine, and community service. If you are charged with a felony as a first-time offender, the penalty rises substantially. You could face multiple years in prison, a substantially higher fine, and mandatory probation.
There are many different factors that are going to influence the sentencing of your abuser. These factors include the severity of your injuries, the alleged abuser’s criminal history, any plea bargains they are offered, or a willingness to change by attending counseling. In the end, the factors of your case are going to be unique, and they will be what determines your abuser’s sentence.
Domestic Violence & Restraining Orders
In California, domestic violence is described as an act of physical or emotional violence that’s inflicted upon you by a current or former intimate partner. It doesn’t even need to be someone you were serious about. It could be a minor fling who shows up back in your life just to hurt you. An abusive act from any former partner, boyfriend/girlfriend, fiancé, or brief encounter would likely be considered an act of domestic violence.
One of the most effective ways to combat domestic violence and protect yourself is to file a restraining order. A restraining order makes it illegal for your abuser to come near you, your family, your property, or even your workplace. If a judge feels like your case is worth granting a restraining order, you can request any of the following criteria to be included in the order:
- No contact whatsoever from your abuser.
- Your abuser must maintain a strict distance from you at all times.
- Your abuser cannot follow, speak to, harass, or threaten anyone included in the order, which could be your family and friends.
- Your abuser cannot possess any kind of firearm.
- If your abuser is currently living with you, they will need to move out as soon as possible.
- If you are married, they will need to pay you alimony in the divorce.
- If there are children involved, they will need to pay child support.
- You have the right to file for sole custody of your children.
When you file for a restraining order, it is important that you have a lawyer with you. Having a lawyer by your side during this process can be greatly beneficial, especially if your abuser tries to contest the order. The entire process can take several months, depending on how complex your case is, especially if there are children involved.
FAQs
Q: How Much Jail Time Can You Get for Domestic Violence in California?
A: The amount of jail time you can get for domestic violence in California depends entirely on the details of the case and whether or not you have a prior criminal record before being charged with domestic violence. If you are a first-time offender, you could end up serving time in county jail if convicted of a misdemeanor or time in prison if convicted of a felony. If you have prior convictions, you could serve a longer sentence.
Q: How Long Do Most Domestic Violence Cases Last?
A: There is no telling how long domestic violence cases last in California. Every case is different, with each having its own details that are going to affect how long it takes to finalize the case and resolve everything. Some cases may resolve quickly, while others may take a long time, depending on how complex the case is. The more evidence you have that supports your claim, the faster it may be to resolve the case.
Q: What Are the Consequences of Being Accused of Domestic Violence?
A: The consequences of a domestic violence accusation can be disastrous, especially if you are innocent and the accusation is false. The accusation alone can be enough to cause severe, lasting damage to your life. It can impact your job opportunities, affect your social standing, and even mess with your personal relationships. If you don’t hire a lawyer and fight the accusation, you could end up being charged with domestic violence and even get convicted.
Q: Can You Drop a Domestic Violence Charge in California?
A: No, you cannot drop a domestic violence charge in California. Once charges have been filed, only the district attorney has the power to choose whether or not to proceed with the case or drop the charges. When the police are called and the alleged abuser is arrested, the decision to drop charges is no longer in the hands of the accuser.
Contact a Domestic Violence Lawyer Today
Whether you are facing domestic violence charges yourself or trying to ensure the safety of your family from an abuser, you need the help and support of an experienced lawyer as you navigate these uncharted waters. Having someone by your side who understands what’s at stake for you and is ready to provide you with help can make all the difference.
At Khalaf Law Group, we can help you figure out a plan if you are trying to fight charges being made against you. We can also help give you peace of mind and help you take the steps towards protecting yourself. Contact us to speak to someone on our legal team about how we can help your case.
