Can I go to jail or prison for domestic violence?

Yes. There are a number of ways domestic violence can lead to jail or prison.

After arrest, a domestic violence suspect will be held in county jail until posting bail. Riverside County jail system does have serious overcrowding issues and the jail has a limit on jail population that was established by a Federal Judge, which results in releases due to overcrowding. This is called a “Federal Release,” but inmates and attorneys usually refer to this as a “fed kick.” However, you should absolutely not wait for a fed kick on a domestic violence case. It is VERY RARE for the sheriff to fed kick anyone held for domestic violence charges.

After conviction, defendants with serious charges or repeat offenders will be sentenced to prison terms. But even minor misdemeanor convictions may result in local jail time.

Can I post bail if I am charged with domestic violence?

Yes.

Bail for MISDEMEANOR domestic violence charges range from $5,000 to $10,000 dollars.

Bail for FELONY domestic violence begins at $50,000 in Riverside County.

It is strongly recommended that you get an attorney and hire a bail bondsman. Inmates represented by an attorney will be able to post 8% of bail. Unrepresented inmates, on the other hand, must post 10% of bail with a bondsman.

What is the most jail or prison time I can get for a domestic violence case?

Although maximum sentences are almost never imposed, a misdemeanor violation of California Penal Code section 243(e)(1)(domestic battery without injury) can carry up to six months in county jail, and a misdemeanor violation of Penal Code section 273.5 (domestic battery with injury) can carry up to one year in county jail.

A felony violation of Penal Code section 273.5 can send you upstate for four years. More serious cases involving substantial injuries, deadly weapons or guns, or dangerous conduct like strangulation may result in longer sentences. You can be sent to state prison for life in a serious case, even if the victim did not die.

How much jail or prison time do most people get?

In my experience, the typical sentence for misdemeanor domestic violence cases is just house arrest - wearing of ankle bracelet but not jail time. Sentences range from about 10 days to 120 days. The actual sentence depends on your background and the facts of the case. Any prior criminal record weighs heavily against you. While on house arrest you can go to work, pick up your kids from school, and attend medical appointments.

In felony cases, actual jail time is not mandatory (many sentences can be served on house arrest), but the sentence will depend on the background of the defendant and the seriousness of the assault or injuries. First-time offenders facing only Penal Code section 273.5 charges will typically have house arrest. Repeat offenders may face state prison time, as will people with cases involving deadly weapons or serious injuries.

How long is probation?

Probation in domestic violence cases is three years. This is the minimum mandatory length of probation on such cases.

It should be noted that this is different from probation given in other types of criminal cases, which are set at two years for felony matters and one year for misdemeanors - California Penal Code section 1203.097

What does probation involve?

Domestic violence convictions require the completion of a 52-week anger management course (batterer's program classes). The classes typically meet once a week for two hours.

Forty (40) hours of community service is also required.

In addition to the 52-week program and 40 hours of services, there are various fees and fines. These fees and fines can cost you anywhere from $500 to over $1,000 dollars, depending on the plea and charges.

You will also be required to pay restitution to the victim to cover such costs as medical treatment, counselling, or property damage. Finally, a criminal protective order must be issued. The judge may issue a “no negative contact” order which will allow you to continue to interact peaceably with you partner, but in more serious cases there will be a “no contact” order.

Does the criminal protective order mean that I can’t talk to my wife / girlfriend?

Courts have several options when drawing up a criminal protective order, depending on the strength and facts of the individual case. There are three general protective orders that may be issued:

A. No Contact Order: This requires no direct or indirect contact with the victim.

B. Limited Contact Order: This is typically for children related matters and other necessary exchanges.

C. No Negative Contact Order: This requires refraining from any assault or threatening conduct (striking, hitting, harassing, stalking, etc.) toward the victim.

How much can I be ordered to pay in restitution?

Restitution is mandatory.

In practice, restitution is provided for property damage and medical treatment. Occasionally, a victim will seek mental health treatment and ask for payments to cover counselling or treatment.

On some very rare occasions, the victim may submit a claim for expenses related to lost work hours or employment. Moving expenses may also be claimed in some circumstances. If the circumstances of the case resulted in a personal injury lawsuit (in addition to the criminal case), then there can be an order to pay the victim’s attorney fee in the civil case as well.

Restitution orders can add up to six figures (or more) in some cases. The probationer will be required to make payments depending on their ability to pay during probation. After probation is complete, the California Tax Franchise Board takes responsibility to collect any remaining portion of the restitution. If the remaining amount is not paid, then the Tax Franchise Board can take collection action and seize any state or federal tax returns until restitution is fully paid.

What should I expect from the 52-week class?

For any domestic violence conviction, you will be required to complete a 52-week anger management class (once per week for two hours). If children were present during the incident, you may be required to also complete 52 weeks of parenting classes.

Courses will require both attendance and participation. Instructors make periodic notes and periodic scorecards of participation. Failure to attend can lead to jail time.

Instructors are required to rate your performance and will grade your ‘recidivism risk’ (risk of reoffending). Instructors scoring can be used in sentencing at a probation violation hearing. It is important you attend class and you should take the class seriously and participate.

What happens if I miss some classes?

A program may allow a very limited number of excused absences. If an individual fails to attend the classes, then the program will send a notice to the court and seek prosecution regarding the attendance failure. The prosecution will file a petition noting the violation of probation leading the judge to issue an arrest warrant.

At the court hearing on the probation violation, the judge can assign jail time for the failure to attend classes.

Are there any alternatives to the anger management class?

No. Anger management classes are mandatory.

Do I need to hire an attorney or can I just plead guilty to the charges and be done with it?

Maybe.

For MISDEMEANOR domestic violence charges, you may plead guilty without an attorney. However, the consequence of pleading guilty includes potential jail time, a criminal record, fees, career repercussions (e.g., losing professional license), and, in some cases, deportation. The judge and prosecutor will not know anything about your background or how a guilty plea may impact your life. Many people who do not hire an attorney end up thoroughly regretting that decision. Consulting with an attorney is usually free and an experienced attorney will be able to sort out what your collateral consequences are fairly quickly.

In FELONY cases, most judges will not accept a plea from an unrepresented defendant. If you do not retain an attorney, a public defender will be assigned your case. While there is a right to represent yourself in a felony case, this is almost always a bad idea and the judge will strongly discourage you from going forward without an attorney.

What are some of the other repercussions to a domestic violence charge?

Aside from potential jail or prison time, there are several other major repercussions to a domestic violence charge. Attorneys often call these impacts “collateral consequences.” For most people, the collateral impacts are worse than the direct consequences of jail and probation.

These include, but are not limited to, loss of employment, loss of child visitation privileges, deportation, and loss of professional licenses.

Will the charges show up on my background check?

Yes. In California, domestic violence charges will appear on all employment-related background checks for seven years. It will also show up in housing rental application background checks for seven years.

Other states have different disclosure rules – your California conviction may stick with you for life if you live in another state, even if disclosure of that conviction would be illegal in California.

In the event that a case has been dismissed in accordance with California Penal Code section 1203.4 (expungement), then the domestic violence charges will not appear on most background checks. You can file for expungement only after all fees and fines are paid and you have completed your probation. For a more detailed explanation, see the Expungement FAQ

I have a professional license, will I lose it if I am charged with domestic violence?

Possibly. Any conviction or pending case should be disclosed to the appropriate licensing agency. Depending on the facts of the case, a loss of a license can occur, as well as various other onerous probationary terms as established and set by the licensing board or institution. These are in addition to any court probation terms. For example, a medical board might require the completion of additional ethics courses or other evaluations prior to reinstating a license. These will vary based on different boards and policy requirements.

Am I allowed to keep my guns if I am charged with domestic violence?

No. At arraignment (the first court appearance) the judge will issue a Criminal Protective Order. Even if the order only specifies “no negative contact,” any person with a pending Criminal Protective Order is prohibited from owning or possessing a firearm. Both California and Federal law prohibit individuals with domestic violence records from owning or possessing any guns or ammunition. This is true even for misdemeanor convictions.

Under California Penal Code section 29825, it is a felony to own or possess a firearm if you have domestic violence charges.

Under California Penal Code section 3030, it is a felony to have ammunition if you have domestic violence charges. Expungement cannot restore firearm rights after a domestic violence conviction.

What will happen to my immigration status if I am charged with domestic violence?

If you are not a U.S. citizen, a domestic violence conviction may result in deportation and permanent exclusion from the United States. This holds true even for permanent legal residents. If you are a non-citizen, you should start working with an attorney immediately.

Will having a domestic violence charge affect me in family court?

A history of domestic violence charges is taken very seriously in family court. Most importantly, you may face decreased time with your children, or even be limited to supervised visitation.

The judge may also use a history of domestic violence to increase the spousal support and child support award above guidelines.