Consequences of a Domestic Violence
Conviction will vary depending upon the circumstances of each case, such as whether or not the defendant had prior charges of Domestic Violence or a history of violence and the severity of injury to the victim. The prosecutor may file Domestic Violence charges as a misdemeanor
or a felony.
If charged with Domestic Violence or Spousal Abuse penalties may include jail time in a county jail or state prison, probation, community service, a Criminal
Protective Order placed against you, court
-ordered enrollment in a 52-week anger management course, counseling and fines.
In addition the following may apply:
Under federal law, a domestic violence restraining order issued after a noticed hearing usually will prohibit the restrained person from owning, accepting, transporting or possessing firearms or ammunition for so long as the restraining order is in effect. A violation of this prohibition is a separate federal crime (18 USCA § 922(g)(8)).
• Attorney Fees and Damages
A domestic violence perpetrator may also have to pay restitution to a victim for loss of earnings and out-of-pocket expenses--including, but not limited to, medical care and temporary housing expenses--incurred as a direct result of the abuse inflicted by the perpetrator (Cal Fam. Code §6342(a)(1)).
Also a domestic violence victim may receive attorney fees pursuant to Cal. Fam. Code §§6344, 271. The amount fees ordered pursuant to these statutes may be higher than fees normally awarded in dissolution proceedings pursuant to the each party’s relative income levels (Cal. Fam. Code §2030).
Furthermore many employers (especially government employers) require that an employee have “clearance,” which requires that the employee (potential employee) not have been convicted of certain criminal offenses. Accordingly domestic violence perpetrators may find their employment being threatened if they are found guilty of a crime.
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