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What are the consequences of a domestic violence conviction?

Under state law, prosecutors may charge a defendant with various crimes based on domestic violence, depending on the circumstances surrounding the incident. Generally, domestic battery is defined as willful force against a person one is in a familial or intimate relationship with, as defined by state law. Generally, these relationships include spouses, ex-spouses, former or current housemate, dating partners or people that have a child together.

If a prosecutor decides to file domestic violence charges against someone, the consequences can be severe if one is convicted. Under the California Penal Code, one may face a fine of up to $2,000 and up to one year in county jail, if one is convicted of battery.

A felony conviction may result in a fine of up to $6,000 and one year in county jail or two to four years in state prison. The court may also grant a restraining order requiring one to stay away from the alleged victim.

However, it is important to note that being charged with domestic violence does not mean that one is automatically guilty. In many domestic disputes, police are then called to the scene and required to determine what happened without seeing the fight firsthand.

In some cases, a person may have acted in self-defense, but the police may mistakenly see them as the aggressor. In other cases, one person will falsely accuse the other of being violent or abusive out of anger or to help them get custody of their children.

If one has been charged with domestic assault, or other criminal charges related to domestic violence, a qualified criminal defense attorney can thoroughly investigate the incident. After an investigation, they can determine the best defenses to fight the charges.

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