Domestic violence is a serious and destructive problem in California and across the United States. It covers a wide range of abusive behaviors that one partner uses to gain power and control over the other. This can include physical violence, sexual assault, emotional abuse, and financial control.
Domestic violence affects all kinds of people, no matter their gender, age, race, or income. California has many laws and resources to help victims and hold abusers accountable. Even so, the problem remains widespread. In 2023, California law enforcement agencies received 160,357 domestic violence-related calls for assistance, about 18 calls every hour, according to the California Department of Justice. That works out to roughly 6.1 calls for every 1,000 adults in the state.
A domestic violence charge is a criminal matter, but the same event can also lead to a restraining order and can affect your divorce or custody case.
California Domestic Violence Laws
In California, several laws protect victims of domestic violence and hold abusers accountable. Some of the main legal protections include:
- The California Domestic Violence Prevention Act (DVPA): This is one of the main laws that governs domestic violence cases in the state. It defines domestic violence as abuse against a person the abuser has or had a close relationship with. This includes current or former spouses, domestic partners, or cohabitants. The DVPA also sets out the legal rights and remedies open to victims, including the right to ask for a restraining order.
- The Criminal Protective Order (CPO): A judge issues this order during a criminal case. It orders the defendant to stay away from the victim and bans contact. A criminal protective order can last up to 10 years, depending on the case.
- Penal Code 273.5: This is the criminal law for domestic violence that causes a visible or physical injury to a spouse, partner, or co-parent. It is a “wobbler,” which means prosecutors can charge it as a misdemeanor or a felony. A misdemeanor can carry up to one year in county jail and a fine of up to $6,000. A felony can carry two, three, or four years in state prison. A prior qualifying conviction within seven years can raise the term to as much as five years (Source: Cal. Penal Code § 273.5, 2025).
- Prohibition of Firearms Possession: California law bans firearm possession by people convicted of domestic violence or who have a restraining order against them. A 273.5 conviction triggers a 10-year firearm ban under Penal Code 29805.
- Employer Accommodation: California law requires employers to make reasonable accommodations for victims of domestic violence, sexual assault, or stalking so they can keep their jobs. This includes time off for medical care, counseling, or court dates tied to the incident.
These laws give victims real protection. If you or someone you know is a victim of domestic violence, the best step is to get help. Many groups and resources offer support, including domestic violence hotlines, shelters, and legal aid. For example, you can reach the National Domestic Violence Hotline at 1-800-799-7233, or use the California Courts domestic violence self-help guide to learn about restraining orders. A domestic violence attorney can be a great help to victims. They know how to work through the legal system and protect your rights.
Recent Changes to California Domestic Violence Law (2024–2025)
California updated its domestic violence laws in 2024, and several changes took effect in 2025. These updates include:
- Longer restraining orders (AB 2308). Courts can now issue domestic violence restraining orders that last up to 15 years, up from the prior 10-year limit. A longer order can affect housing, jobs, child custody, and firearm rights for years.
- Easier filing (AB 2024). Judges can no longer deny a protective order request just because of a minor or clerical mistake on the Judicial Council forms, as long as the request meets the basic requirements.
These changes came several years after California expanded the definition of abuse to include coercive control, which covers patterns of behavior that take away a person’s freedom, such as isolating them or controlling their money.
Because these rules are new and still being applied by the courts, it may be important to consult with an attorney who follows these changes closely.
What Are the Early Signs of Domestic Violence?
The early signs of domestic violence can be hard to spot, because abusers often use quiet tactics to gain control over their victims. Some common warning signs to watch for include:
- Jealousy and Possessiveness: An abuser may be very jealous of their partner’s relationships with others. They may try to control who their partner sees and talks to.
- Isolation: They may try to limit their partner’s contact with friends and family. They might also discourage them from doing things they enjoy.
- Verbal Abuse: An abuser may often use hurtful words or insults meant to demean and belittle their partner.
- Financial Control: They may control their partner’s access to money or assets. This makes it harder for the partner to leave.
- Physical Violence: An abuser may use physical force to control their partner. This includes pushing, hitting, or holding them down.
- Threats of Violence: They may threaten their partner with harm or use threats to control their behavior.
How Domestic Violence Cases Work in Orange County
In Orange County, a domestic violence arrest usually starts with local police or the Sheriff’s Department. The case is then reviewed by the Orange County District Attorney, who decides whether to file charges. Criminal hearings are often held at the Central Justice Center in Santa Ana, while many restraining orders and family law matters are heard at the Lamoreaux Justice Center in Orange. If you have both a criminal case and a family law case, the two can move forward at the same time, which is why coordinated legal help matters.
Frequently Asked Questions
Q: How do domestic violence cases work in California?
Police investigate the report and, if there is probable cause, make an arrest. The district attorney then decides whether to file charges, and the case moves through criminal court where a judge or jury decides the outcome.
Q: What happens when you get a domestic violence charge in California?
You will be arrested and taken to court for an arraignment, where you are formally charged and enter a plea. If you plead not guilty, the case heads toward trial; if you plead guilty or are found guilty, the judge sets the sentence.
Q: What are the three phases in the domestic violence cycle?
The cycle is often split into three phases: tension-building, explosion, and honeymoon. The honeymoon phase is usually short-lived, and the cycle tends to repeat.
Q: How long can you go to jail for domestic violence in California?
It depends on the charge and your record. Under Penal Code 273.5, a misdemeanor can carry up to one year in county jail, while a felony can carry two, three, or four years in state prison (Source: Cal. Penal Code § 273.5, 2025).
Q: Can a domestic violence charge be dropped if the victim does not want to press charges?
Not by the victim alone. The prosecutor, not the victim, decides whether to move forward, and the state can continue a case even if the victim does not want to.
Q: Will a domestic violence conviction affect my child custody case?
Yes. A finding of domestic violence creates a legal presumption against giving that parent custody under California Family Code 3044, though that presumption can be challenged with evidence.
Contact Quinn & Dworakowski, LLP, Today
At Quinn & Dworakowski, LLP, we help our clients work through difficult legal matters. If you have been charged with domestic violence in California, or you are seeking protection from abuse, our experienced attorneys can help with your case. We work to make sure you understand your rights and get the best possible outcome.
Call (949) 660-1400 or contact us today to learn how we can help.
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