Domestic Violence Has No Social Boundaries

California law classifies domestic violence as abuse committed by an adult against a spouse, former spouse’s child, cohabitant or former cohabitant or persons who have had a child together, or who have a relationship. Under California law, a former spouse, cohabitant and either parent of a child are also considered a spouse for purposes of prosecution for spousal abuse. California Penal Code Section 273.5 considers corporal injury to a spouse a felony domestic violence charge with fines, county jail time or incarceration in state prison depending on the number of offenses and seriousness of the injuries. California Penal Code Section 422 also considers stalking and making threats domestic violence abuse. A domestic battery under California Penal Code Section 243(3)(1) is considered willful force or violence committed against an intimate partner. An intimate partner is considered someone you are engaged to be married to, a current or former spouse, a parent of your child or someone you are dating.

In addition, California Penal Code Section 1203.097 requires a convicted domestic violence defendant to attend a batter’s class as part of their probation and attendance of an AA or NA program if alcohol or drugs were involved in the domestic violence incident. A convicted of domestic violence may also require the defendant to pay restitution to the battered victim for counseling costs and reasonable expenses determined by the court and to make payments to a women’s shelter up to the maximum sum of $5,000. Marital assets may not be used by the defendant to pay for injuries to their married spouse. The court may also issue a restraining order against the defendant for up to 10 years based upon the seriousness of the crime and the possibility of future harm to the victim or the victim’s family.

Orange County Prosecutor Arrested for Domestic Violence

No social or economic class is immune from domestic violence. In fact, even well respected Huntington Beach, Orange County Prosecutor, David Brent, and his wife, were arrested in December of 2009, for domestic violence after the couple allegedly fought. Mr. Brent has been employed for 24 years as an Orange County prosecutor. Mr. Brent’s wife called 911 to report the argument. She was treated by medics who arrived at the family Huntington Beach home after Mr. Brent left the scene on foot. A list of his injuries was not specified. Both were subsequently arrested for allegedly violating California Penal Code Section 273.5, corporal injury to a spouse, which is a felony domestic violence charge. Corporal injury is categorized under California law as using serious force that causes an external or internal minor or serious wound.

The couple was taken to the Huntington Beach jail. Mr. Brent could face penalties of a minimum county jail time of one year with time served to a maximum four year’s sentence in a California state prison for a first offense felony domestic violence charge and a possible $6,000 fine. The case was referred to the State Attorney General’s office for prosecution to avoid any conflicts of interest.

California AB 532

California continues to enact more laws to help victims and protect families and communities from the dangers associated with domestic violence crimes. Counseling is also available to victims and abusers through various private and public programs. Effective January 1, 2010,
California has enacted AB 532 which now allows police to obtain a warrant to seize weapons that may be kept at a residence after a domestic violence or mental health incident has occurred at the residence.
Signs that a spouse or partner may be exhibiting that may lead to a domestic violence incident include:

• Extreme jealousy
• Attempts to alienate partner or spouse from seeing their friends or family
• Public outbursts of yelling or humiliating spouse or partner
• Hitting, slapping, pulling, pushing or tugging at partner or spouse’s hair or physical injury against spouse or partner
• Imprisoning spouse or partner in their house

A conviction of domestic violence is a serious crime in California. Both victims and abusers should seek counseling to prevent further incidences of abuse and to help the healing process.

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