California Penal Code 273.5: Domestic Violence Guide
Understanding California Penal Code 273.5: Domestic Violence Laws and Penalties
California Penal Code 273.5 is the state’s primary law addressing domestic violence involving physical injuries. This law makes it a crime to willfully inflict bodily injury on a current or former spouse, cohabitant, or parent of your child that results in a traumatic condition.
A traumatic condition means any wound or bodily injury caused by physical force, whether minor or serious. This includes visible injuries like bruises, cuts, or broken bones, as well as internal injuries that may not be immediately visible.
Who Is Protected Under This Law?
California Penal Code 273.5 domestic violence laws protect specific relationships, including:
- Current or former spouses
- Current or former registered domestic partners
- Someone you live with or used to live with
- Someone you’re dating or used to date
- The parent of your child
Criminal Penalties
Violating Penal Code 273.5 is a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or felony based on the circumstances and your criminal history.
Misdemeanor penalties include:
- Up to one year in county jail
- Fines up to $6,000
- Probation and mandatory domestic violence classes
Felony penalties include:
- Two, three, or four years in state prison
- Fines up to $6,000
- Formal probation
Additionally, a conviction often results in a restraining order, loss of gun rights, and potential immigration consequences. Understanding these serious penalties highlights why anyone facing domestic violence charges should seek immediate legal help to protect their rights and future.
Understanding California Penal Code 273.5: Domestic Violence Laws and Penalties
California Penal Code 273.5 makes it a crime to inflict physical injury on a spouse, cohabitant, or dating partner. This law specifically addresses domestic violence situations where visible injuries occur. Unlike other assault charges, this code section recognizes the unique nature of intimate partner violence.
The law applies to several types of relationships:
- Current or former spouses
- People who live together or previously lived together
- Parents of a shared child
- Current or former dating partners
What Makes This Different from Regular Assault?
California Penal Code 273.5 focuses on injuries that result in a “traumatic condition.” This means any wound or bodily injury caused by direct physical force. Even minor visible injuries like bruises, scratches, or swelling can qualify under this law.
Penalties for Violating Penal Code 273.5
This offense is known as a “wobbler,” meaning prosecutors can charge it as either a misdemeanor or felony based on the circumstances and criminal history.
Misdemeanor penalties include:
- Up to one year in county jail
- Fines up to $6,000
- Probation with mandatory domestic violence classes
Felony penalties include:
- Two, three, or four years in state prison
- Fines up to $6,000
- Formal probation with strict conditions
Additional Consequences
Beyond criminal penalties, a conviction affects gun rights, immigration status, and can trigger protective orders. Courts often require completion of a 52-week batterer’s intervention program. Understanding these laws helps both victims seeking protection and those accused of violations navigate the legal system effectively.
Understanding California Penal Code 273.5: Domestic Violence Laws and Penalties
California Penal Code 273.5 specifically addresses domestic violence involving physical injury. This law makes it a crime to willfully inflict physical injury on a spouse, former spouse, cohabitant, or the parent of your child. Unlike other assault charges, this code section focuses on intimate partner violence and carries serious consequences.
What Constitutes a Violation?
To be convicted under Penal Code 273.5, prosecutors must prove that you:
- Willfully inflicted physical injury on an intimate partner
- The injury resulted in a traumatic condition (visible or internal injury)
- You had a specific relationship with the victim
Penalties and Consequences
California Penal Code 273.5 is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony. The decision depends on the severity of injuries and your criminal history.
Misdemeanor penalties include:
- Up to one year in county jail
- Fines up to $6,000
- Mandatory 52-week batterer’s intervention program
- Restraining orders
Felony penalties include:
- Two, three, or four years in state prison
- Fines up to $6,000
- Loss of gun rights
- Immigration consequences for non-citizens
Bail Considerations
Under California Penal Code 1273, bail amounts for domestic violence cases vary based on injury severity and prior offenses. Judges often impose protective orders as bail conditions, prohibiting contact with the alleged victim.
Understanding these laws is crucial for anyone facing charges or seeking protection. The consequences extend beyond criminal penalties, affecting employment, housing, and family relationships.
Understanding California Penal Code 273.5: Domestic Violence Laws and Penalties
California Penal Code 273.5 is a serious criminal law that makes it illegal to inflict physical injury on a spouse, cohabitant, or dating partner. This law specifically addresses domestic violence situations where visible injuries occur as a result of physical abuse.
Under this code, domestic violence is defined as willfully causing bodily injury that results in a traumatic condition. A traumatic condition means any wound or physical injury, whether minor or serious, caused by direct physical force. This can include bruises, scratches, swelling, or more severe injuries.
Who Does Penal Code 273.5 Protect?
The law protects several categories of intimate partners:
- Current or former spouses
- Current or former cohabitants (people who live together)
- Parents of a shared child
- Current or former dating partners
- Current or former fiancés
Penalties for Violating Penal Code 273.5
This offense is known as a “wobbler,” meaning prosecutors can charge it as either a misdemeanor or felony based on the circumstances and criminal history.
Misdemeanor penalties include:
- Up to one year in county jail
- Fines up to $6,000
- Probation and mandatory domestic violence classes
Felony penalties include:
- Two, three, or four years in state prison
- Fines up to $6,000
- Formal probation with strict conditions
The court typically issues protective orders preventing contact with the victim. Additionally, those convicted may face immigration consequences, loss of gun rights, and difficulty finding employment. Understanding these laws helps protect victims and ensures those accused know their rights within the California legal system.
Understanding California Penal Code 273.5: Domestic Violence Laws and Penalties
California Penal Code 273.5 makes it illegal to inflict physical injury on a spouse, cohabitant, or co-parent that results in a traumatic condition. This law specifically addresses domestic violence situations and carries serious consequences for those convicted.
Under this code, a traumatic condition means any wound or bodily injury caused by physical force. This can include visible injuries like bruises, cuts, or broken bones, as well as internal injuries. The key element is that the injury must result from direct physical contact.
Who Is Protected Under This Law?
- Current or former spouses
- Current or former cohabitants (people who live or lived together)
- Parents of a child together
- Current or former dating partners
- Current or former engaged partners
Penalties for Violating Penal Code 273.5
This offense is known as a “wobbler,” meaning prosecutors can charge it as either a misdemeanor or felony based on the severity of injuries and criminal history.
Misdemeanor penalties include: Up to one year in county jail, fines up to $6,000, probation, mandatory 52-week batterer’s treatment program, and community service.
Felony penalties include: Two, three, or four years in state prison, fines up to $6,000, formal probation, restraining orders, and loss of gun rights.
California Penal Code 1273 addresses bail procedures, which become relevant after arrest. Judges consider public safety and flight risk when setting bail amounts in domestic violence cases. Unlike juvenile codes that focus on rehabilitation, adult domestic violence charges under 273.5 prioritize both punishment and victim protection through strict enforcement of building codes for safe housing and mandatory separation periods.
