Ventura Domestic Violence Defense Attorney

Domestic violence cases are complex and sensitive matters, especially when a family with children are involved. Accusations of domestic violence can have serious and lasting consequences, making it crucial to seek legal counsel from an experienced attorney if you are facing such allegations.

If you’ve been accused of domestic violence, our team at Ridley Defense is here to support you and guide you through this difficult time. When you choose our firm to represent you, you are gaining an advocate in and out of the courtroom. Our focus is not only on getting you the best possible outcome in your case, but also on putting your life back together.

How Does California Define Domestic Violence

In California, Domestic abuse refers to abuse or threats of abuse when the victim and the abuser are in an intimate relationship. This includes spouses, former spouses, cohabitants, former cohabitants, individuals who have a child together, and those in a dating or engagement relationship. Abuse is defined as intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to themselves or another. This includes physical violence, sexual assault, threats, stalking, harassment, and psychological or emotional abuse.

What is the Difference Between Misdemeanor and Felony Domestic Violence in California?

In California, the severity of a domestic violence charge depends on the specific circumstances of each case. A misdemeanor charge typically involves less severe allegations, such as minor injuries or threats of violence without actual physical harm. Even as a misdemeanor, a domestic violence conviction can have serios consequences.

Penal Code 243(e)(1) – Misdemeanor Domestic Violence

A misdemeanor domestic violence charge is defined as: 

“a battery… committed against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.”

A domestic violence charge can be elevated to a felony when the incident involves serious bodily injury, use of a weapon, or a history of repeated offenses. Felony domestic violence charges carry heavier penalties, including longer prison sentences, larger fines, and more severe long-term impacts on the defendant’s life, such as difficulties in finding employment and housing.

What Are the Penalties for Misdemeanor Domestic Violence?

A person may be fined up to two thousand dollars ($2,000) or sentenced up to one (1) year in county jail, or both.  The court may also require a person convicted under this statute to complete a batterer’s treatment program, make payments to a battered women’s shelter, and make restitution to the victim.  

What are the Penalties for Felony Domestic Violence?

In addition to the penalties applicable in a misdemeanor domestic violence case, a person convicted of Penal Code 273.5 may be punished by two, three, or four years in state prison, a fine of up to six thousand dollars ($6,000), or both.   

Penal Code 273.5 – Felony Domestic Violence

Any person may be convicted of a felony domestic violence charge if he or she, “[W}illfully inflicts corporal injury resulting in a traumatic condition upon a victim.”

In order to be prosecuted under Penal Code 273.5, the prosecutor must show that the victim is:

• A spouse or former spouse of the offender
• A cohabitant or former cohabitant of the offender
• A fiancé, fiancée or someone with whom the offender has, or previously had, an engagement or dating relationship
• The mother or father of the offender’s child

What is a Traumatic Condition?

Under Penal Code 273.5(d), traumatic condition is defined as “a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.”

Related Domestic Violence Charges

Domestic violence is not always charged as a single offense.  There may be additional charges accompanying your case. The most common violations include:

• Penal Code 242 – Misdemeanor Battery
• Penal Code 236 – False Imprisonment
• Penal Code 422 – Criminal threats
• Penal Code 646.9 – Stalking

Hiring the Right Domestic Violence Defense Firm

Even an arrest for domestic violence can be demoralizing.  A person charged under Penal Code 243(e)(1) or 273.5 could face the loss of their custody rights and the loss of their freedom.  If you have been charged with domestic violence in Ventura County, you need experience you can trust. You need attorneys who are respected throughout the courts and looked to in the legal community as leaders in criminal defense.

Our Attorneys are Here to Help

We will walk you through the criminal court process.  Domestic violence charges are unique. In some cases, a judge may grant the victim a restraining order or temporary custody.  No matter what the circumstances of your case, it is always advisable to retain legal services as soon as possible if you have been arrested for domestic violence. 

In many cases, our attorneys can speak with a prosecutor before charges are even filed. When we can give the prosecution the rest of the story, beyond what is written in the police reports they review, that can give them a fuller understanding of what happened leading to your arrest. Speaking with a prosecutor early and often in a domestic violence case can help to get the charges reduced or dismissed.

If you have been arrested for domestic violence in Ventura County or anywhere in Southern California, Ridley Defense can help.  Contact our attorneys today for a complimentary consultation.

Contact Ridley Defense for your complimentary consultation. Call (805) 208-1866 today.