California Domestic Violence Laws 2024 – Statute of Limitations

Although domestic violence cases are criminal matters, they often have implications for family law cases. When it comes to determining child custody, a judge may consider past acts of domestic violence or even pending criminal charges when determining how much time children spend with either parent. If you are a victim of domestic abuse or have been accused, it is critical to understand California domestic violence laws.

Statute of Limitations for Domestic Violence

The statute of limitations for domestic violence in California is five years. Prosecutors must file criminal charges within this window of time. The legal deadline often applies to victims as well since law enforcement would normally not know about a specific act of domestic violence if the victim does not notify law enforcement.

These deadlines serve multiple purposes. They seek to preserve evidence by encouraging victims of crime to notify law enforcement sooner than later. They also encourage law enforcement and prosecutors to work efficiently.

Defendants also have rights, and timely court filings allow those accused of crimes not to have the prospect of criminal charges lingering over them indefinitely. California has one of the longest statutes of limitations for domestic violence in the nation. Senate Bill 273 extended the statute of limitations to five years in early 2020.

Penalties for Domestic Violence Convictions

A conviction for domestic violence can lead to a misdemeanor or felony on your criminal record. The severity of the charge depends on the level of violence committed against the victim and the circumstances of the case. California’s domestic violence laws add increased penalties for subsequent convictions. After multiple offenses, you could face mandatory minimum jail or prison sentences.

Domestic violence charges can also lead to heavy fines and significant restrictions. The terms of probation following a plea bargain could include restrictions on where you can travel and whether or not you are allowed to own a firearm. If you have been charged with committing an act of domestic violence, you should seek legal representation. These crimes can have significant implications for your family law case.

How Domestic Violence Can Affect Your Family Law Case

If you are going through a divorce or child custody dispute, it is crucial to understand how domestic violence charges may affect your family law case. Although criminal law and family law are distinct and separate areas of law handled through completely different court systems, some types of crimes can directly impact a family court case.

Domestic violence may not be considered a factor when dividing community property or awarding child support, but it can play a role in child custody. Since domestic violence cases bring into question a family member’s history of committing abuse against another family member, a family court judge may consider past convictions or current pending criminal charges when determining custody. Someone deemed to be a threat to their family may face temporary or long-term restrictions when visiting their children.

If you have been accused of domestic violence, you can benefit by hiring an attorney who will get your side of the story across. It is not uncommon for one partner to seek criminal charges against their ex as a means of gaining advantage in family court. You can protect yourself and your rights with the right legal representation.

For victims of domestic violence, having strong legal counsel in family court can ensure that your concerns for your safety are brought to the court’s attention. With the help of an attorney, your judge may issue a restraining order that keeps the defendant away from you. Having a restraining order placed against your ex can deter them from harassing or approaching you. Violating a protective order can result in serious penalties like jail time.

FAQs

Q: What Is the Law for Domestic Violence in California?

A: Acts of domestic violence are criminal offenses in California. Defendants who are found guilty of committing acts of violence against relatives and romantic partners face steep fines, jail or prison time, and strict probation restrictions. The penalties for subsequent convictions increase if the offenses occur within several years of prior offenses. Multiple convictions could lead to mandatory minimum prison sentences.

Q: Are There Any New Domestic Violence Laws in California?

A: No major changes were seen in the state’s domestic violence laws this year. The statute of limitations remains at five years, and the criminal penalties have not been amended since January 1, 2023. If you have questions about California’s domestic violence laws, an attorney can be your most effective resource for the latest updates to the state’s domestic violence laws.

Q: Can a Domestic Violence Case Be Dismissed in California?

A: A domestic violence case can be dismissed in California if the prosecution lacks sufficient evidence to prove that the crime was committed beyond a reasonable doubt. A defense attorney representing the accused may uncover evidence that weakens the prosecution’s case, such as past evidence that the victim planned to use the criminal charge to gain an advantage in family court.

Q: What Is Clare’s Law?

A: Clare’s Law allows individuals to ask the police if their partner has a history of domestic abuse. The law is intended to help abuse victims be aware of their partner’s past so they can seek protection if needed.

In California, a similar law or provision does not specifically exist under the name. California does have a Victims’ Bill of Rights that requires victims to be notified when their past abusers are released from jail or prison, among other provisions.

Schedule Your Domestic Violence Consultation Today

Domestic violence charges can have serious implications for your family law case. Whether you are seeking a protective order to shield you from contact with your former partner or help fight allegations, All American Law is here to help. Our lawyers have a deep understanding of the state’s domestic violence laws and how they can impact your case.

If you are ready to work with a family law firm that is dedicated to protecting your rights and fighting for your interests, we welcome you to contact our office online. We can have someone respond quickly to schedule a consultation.