An allegation of domestic violence is a serious one. It can damage your reputation within
your community, your business, and your family.

Should you be facing such charges, it is important to consult with a criminal defense
attorney who is experienced in handling domestic violence cases. Your attorney will
analyze your case, give you options for the future, and also answer any questions you may
have.

What is domestic violence?

Domestic violence is abuse committed against members of the same family, a spouse,
former spouse, present or former cohabitant, a person with whom the offender has had a
child, or a person with whom the offender has a dating or engagement relationship.

A domestic violence allegation can involve verbal, physical, sexual, or psychological
attacks against the victim, children, property, or pets.

In California, a domestic violence conviction can result in incarceration and a fine. There
are also legal provisions for protective orders for persons who are allegedly victims of
domestic violence.

California Domestic Violence Laws

Under California Penal Code Sections 243 and 1463.27, battery involving people in
specified domestic violence relationships are punished more severely than other battery
offenses.

Battery is any willful and unlawful use of force or violence upon another person. If a person
is convicted of committed battery when the defendant and the victim share a domestic
relationship that is listed in the battery statute, a conviction for battery can result in up to
one year in jail and a $2,000 fine.

Additionally, the court may require a convicted defendant to pay a fee that funds domestic
violence prevention programs.

There is also ‘willful infliction of bodily injury’. This is when a person intentionally inflicts
bodily injury that results in a traumatic condition upon the individuals specified above. If
convicted, this charge carries a sentence of:

  • Four years in prison;
  • $6,000 fine; or
  • Probation, with a monetary donation to a battered women’s shelter or reimbursement to the victim for counseling and other costs that resulted from the offense.

David S. Kestenbaum is an experienced criminal defense attorney who has demonstrated
successful outcomes in a wide variety of cases, including domestic violence allegations.
Mr. Kestenbaum takes the time to understand his client’s side of the story and will work
with focus to construct a case that will achieve the best possible outcome.

If you have been charged with a domestic violence crime, we welcome your call to our Los
Angeles area office at 818-924-4170.