Domestic violence crimes are unique in that the suspect intimately knows the alleged victim. Whether the accusations come forward in criminal or family court, the consequences for the accused can be immediate and life-altering. So, what are the long-term consequences of a domestic violence accusation in California? Read on to explore how domestic violence cases and California’s domestic violence laws can shape the future of defendants for years or decades.
Merely being accused of domestic violence when no charges are brought can lead to reputation harm and other lasting consequences. The most serious consequences can come from criminal charges. Formal criminal charges give the appearance of guilt, even if you ultimately are not convicted of a crime.
Misdemeanor charges may carry jail time, probation, mandatory counseling, and restraining orders. Felony charges can result in multi-year prison sentences, especially when serious injury or prior convictions are involved.
A conviction for a domestic violence-related charge leads to a criminal record that can make securing housing and future employment challenging. Many employers and landlords conduct criminal background checks, and a domestic violence conviction is considered a serious offense. In Orange County alone, 2023 saw 6.1 domestic violence-related calls for service per 1,000 adults ages 18–69.
Family court judges can weigh and consider evidence of domestic violence in court even when no criminal charges have been brought. This means that the allegations can influence the outcome of many types of family court cases, including custody and spousal support cases.
The accused party has the right to secure domestic violence defense services from an attorney. Often, the decision to hire a domestic violence lawyer can significantly influence the outcome of a case. Under California Family Code § 3044, a finding of domestic violence within the past five years creates a legal presumption that awarding custody to the accused parent would not be in the child’s best interests.
California courts prioritize child safety, and even allegations can lead to supervised visitation, temporary custody loss, or mandated parenting classes. For single parents, particularly mothers, who make up roughly 80% of single-parent households nationwide, custody determinations tied to domestic violence findings can reshape the entire family structure for years.
In many cases, courts issue a temporary or permanent Domestic Violence Restraining Order (DVRO), which can impose serious civil limitations. These orders may prevent you from contacting the alleged victim, visiting shared homes, or attending your child’s school or daycare. Violating a DVRO is a separate criminal offense, which can bring further jail time and fines.
In 2023, DVRO filings in California’s civil courts rose by 12%, and final, long-term DVROs increased by 22% compared to 2020. These figures show that courts are increasingly issuing long-term restrictions, which often remain in place for years and can be renewed indefinitely.
The consequences of domestic violence accusations can impact the accused person’s career and social standing. Few acts carry the stigma of domestic violence. Employers may question whether you are trustworthy, especially in industries that involve public trust, healthcare, education, or law enforcement.
You may lose a professional license, face suspension, or be disqualified from job opportunities requiring a background check. The social toll can be equally significant. An accusation can lead to strained relationships with family, friends, and community members.
For these and other reasons, anyone who is accused of committing domestic violence should secure legal representation. An attorney can protect you from false allegations if you are going through a divorce or other family law case. If you end up facing criminal charges, legal representation may play a critical role in protecting your freedom there as well.
A: After a domestic violence arrest in California, the accused is usually taken into custody and may be held until a bail hearing or arraignment. A protective order is often issued, restricting contact with the alleged victim. The prosecutor then reviews the evidence to decide whether to file formal charges. If charges are filed, the case moves forward through the criminal court system.
A: The sentence for domestic violence varies depending on the severity of the offense, prior criminal history, and whether injuries occurred. A misdemeanor conviction may result in probation, fines, mandatory classes, and up to one year in jail. Felony convictions can lead to several years in state prison. Sentencing also often includes restraining orders and supervised probation terms.
A: You can get a job with a misdemeanor domestic violence conviction, but it may be more difficult. A misdemeanor domestic violence conviction appears on background checks and can affect job opportunities in certain industries, especially education, healthcare, and government. Employers may ask about the conviction during hiring. Sealing or expunging the record, if eligible, can improve your chances of finding stable employment.
A: A domestic violence conviction stays on your criminal record indefinitely unless expunged. While California allows expungement of certain misdemeanor convictions after probation is completed, not all cases qualify. A felony conviction is more difficult to remove. Background checks may continue to show the case even years later unless legal steps are taken to clear it.
A domestic violence accusation in California can carry lasting consequences, even without a conviction. Allegations alone may impact child custody, employment, gun rights, and your reputation for years to come. If charges are filed, a conviction can lead to protective orders, mandatory counseling, and serious setbacks on future legal matters, including divorce or custody disputes.
At Quinn & Dworakowski, LLP, we understand how much is at stake when it comes to your family law case. Recognized by U.S. News & World Report as a Best Family Lawyer, our firm offers strategic legal representation designed to protect your rights and future. Contact our office today to schedule your confidential consultation so we can explore how domestic violence charges or allegations may affect your family court case.