Domestic Abuse Laws
California
2001
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Domestic
Violence
Summary of Laws - Family Code
(Domestic Violence - Statutes and Penalties)
Penal Code
Updates:
Emergency Protective
Orders:
PENAL CODE:
Sec. 273.6
Willful and knowing violation of court order to prevent domestic violence
or disturbance of peace; penalty.
(a) Misdemeanor punishable
by a fine of not more than $1000.00 or imprisonment in the county jail for
not more than six months or both the fine and imprisonment.
(b) If this violation results in a physical injury, the person shall be
imprisoned in the county jail for at least 48 hours, whether a fine or
imprisonment is imposed, or the sentence is suspended.
(d) A person who has previously been convicted one or more times of violating
an order obtained pursuant to Sec. 527.6 of CCP upon charges separately brought
and tried, shall be imprisoned in the county jail for not more than one year.
Subject to the discretion of the court, the prosecution shall have the
opportunity to present witnesses and relevant evidence at the time of the
sentencing of a defendant pursuant to this subdivision.
Sec. 278
Child Abduction Concealment Unlawful Detention, Punishment etc.
Every person not having a right of custody who maliciously takes detains, conceals or entices away any minor child with intent to detain or conceal that child from a person, guardian or public agency having the lawful charge of the child shall be punished by imprisonment in the state prison for two, three or four years, a fine of not more than ten $10,000 or both, or imprisonment in a county jail for a period of not more than one year, a fine of not more than $1,000 or both.
Sec. 278.5
Violation of Custody or Visitation Decrees; Punishment.
(a) Every person who in violation of the physical custody or visitation provisions of a custody order, judgment or decree takes, detains, conceals, or retains the child with intent to deprive another person of his or her rights to physical custody or visitation shall be punished by imprisonment in the state prison for sixteen months or two to three years, a fine of not more than $10,000 or both, or by imprisonment in a county jail for a period of not more then 1 year, a fine of not more then $1,000 or both.
Sec. 237
False Imprisonment Punishment
False imprisonment is punishable by fine not exceeding $1000 or by imprisonment in the county jail of not more than one year, or by both. If such false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison.
Sec. 240
Assault and Battery
An assault is an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another.
Sec. 241
Assault; Punishment
An assault is punishable by a fine not exceeding $1000 or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
Sec. 242
Battery Defined
A battery is any willful and unlawful use of force or violence upon the person of another.
Sec. 243
Battery; Punishment
(a) A battery is punishable
by a fine of not exceeding $2,000 or by imprisonment in the county jail not
exceeding six months, or by both such fine an imprisonment.
(d) When a battery is committed against any person and serious bodily injury
is inflicted on the person, the battery is punishable by imprisonment in
the county jail for period of not more than one year or imprisonment in the
state prison for two, three or four years.
(5) "Serious bodily injury" means a serious impairment of physical condition,
including but not limited to the following: Loss of consciousness, concussion,
bone fracture, protract loss or impairment of function of any bodily member
or organ, a wound requiring extensive suturing and serious disfigurement.
(6) Injury means any physical injury which requires professional medical
treatment.
Sec. 243.4
Sexual Battery
(a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched, and is for the purpose of sexual arousal, gratification of abuse, is guilty of sexual battery. Such an act is punishable by either imprisonment in the county jail for not more than one year or in the state prison for two, three or four years.
Sec. 261
Rape Defined
Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator. Punishable by imprisonment in state prison for three, six or eight years as defined by Section 261.
Sec. 262
Rape of Spouse
Rape of a person who is the spouse of a perpetrator is an act of sexual intercourse accomplished against the will of the spouse by means of force or fear of immediate and unlawful bodily injury on the spouse or another, or by use of threats of future retaliation against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat. Threat to retaliate means threat to kidnap, falsely imprisonment, to inflict extreme pain, serious bodily injury or death.
Sec. 263
Rape; Essentials; Sufficiency of Penetration
The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient to complete the crime.
Sec. 264
Rape, Rape of Spouse, Unlawful Sexual Intercourse, Punishment
Rape, as defined in Section 262, is punishable either by imprisonment in the county jail for not more than 1 year or in state prison for three, six or eight years. Unlawful sexual intercourse, as defined in Section 264 is punishable either by imprisonment in the county jail for not more than one year or in the state prison.
Sec. 265
Abduction for Marriage or Defilement; Punishment
Every person who takes any woman unlawfully, against her will and by force, menace or duress, compels her to marry him or to marry any other person, or to be defiled, is punishable by imprisonment in the state prison.
Sec. 273
Willful Cruelty or Unjustifiable Punishment of Child; Endangering Life or
Death
(a) Any person who under
circumstances or conditions likely to produce great bodily harm or death,
willfully causes or permits any child to suffer or inflicts thereon, unpunishable
physical pain or mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of such child to be injured,
or willfully causes or permits such child to be placed in such situation
that its persons or health is endangered, is punishable by imprisonment in
county jail not exceeding one year or in the state prison for two or four
years.
(2) Any person who, under circumstances or conditions other then those likely
to produce great bodily harm or death, willfully causes or permits any child
to suffer or inflicts thereon unjustifiable physical pain or mental suffering,
or having the care or custody of any child, willfully causes or permits the
person or health of such child to be injured, or willfully causes or permits
the person or health or such child to be injured or willfully causes or permits
such child to be placed in such situation, that its person or health may
be endangered, is guilty of a misdemeanor.
Elements of Offense
Felony and misdemeanor child abuse are crimes which can be committed by a
continuous course of conduct and need not be based on specific acts.
Battered Child Syndrome
Medical diagnosis if "Battered Child Syndrome" is admissible as evidence
in child abuse prosecution; syndrome denotes repeated sometimes serious injuries
inflicted over a span of time which because of their nature, severity and
number are such as to preclude inference of accident...
(d) Corporal Punishment or Injury of Child, Felony, Punishment, Counseling
as Conditions of Probation
Any person who willfully inflicts upon any child any cruel or inhuman corporal
punishment or injury resulting in a traumatic condition is guilty of a felony,
and upon conviction thereof shall be punished by imprisonment in the state
prison for two, four or six years, or in the county jail for not more than
one year, or by a fine of up to $6,000 or both.
In any case in which a person is convicted of violating this section and
probation is granted, the court shall require supervised counseling as a
condition of probation unless, considering all of the facts and circumstances,
the court finds counseling inappropriate for the defendant.
Sec. 273
Degrading, Immoral or Vicious Practices or Habitual Drunkenness In Presence
of Children
Any person who in the presence of any child, indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control is guilty of a misdemeanor.
Sec. 273.5
Corporal Injury of Spouse or Cohabitant of Opposite Sex; Counseling as Condition
of Probation
(a) Any person who willfully
inflicts upon his or her spouse, or any person who willfully inflicts upon
any person of the opposite sex with whom he or she is co-habituating, corporal
injury resulting in a traumatic condition, is guilty of a felony, and upon
conviction, thereof, shall be punished by imprisonment in the state prison
for two, three or four years, or in the county jail for not more then one
year, or by a fine of to $6,000 or by both.
(b) Holding oneself out to be the husband or wife of the person with whom
one is co-habituating is not necessary to constitute as the term is used
in this section...
(c) Traumatic condition means a condition of the body, such as a wound or
external or internal injury, whether of a minor or serious nature, caused
by a physical force.
(d) In any case in which a person is convicted of violating this section
and probation is granted, the court shall require supervised counseling as
a condition of probation unless, considering all the facts and circumstances,
the court finds counseling inappropriate for the defendant.
PENAL CODE UPDATES
PENAL CODE:
Sec. 264.2
Victims of Domestic Violence Card; Notification of Counseling Center
(a) Whenever there is an
alleged violation of Sections 261, 261.5, 262, 286, 288(a) or 289, the law
enforcement officer assigned to the case shall immediately provide the victim
of the crime with the "Victims of Domestic Violence" card.
(b.1) The law enforcement officer or his/her agency, shall immediately notify
the local rape Victim Counseling Center whenever a victim of an alleged violation
of Sections 261, 261.5, 262, 288(a) or 289 is transported to a hospital for
examination and the victim approves of that notification. Should there be
more than one rape victim counseling center in the local area, the victim
shall select the center to be notified.
(b.2) The hospital may verify with the law enforcement officer or his/her
agency, whether the local rape victim counseling center has been notified,
upon the approval of the victim.
Sec. 245
Assault with Deadly Weapon or Force likely to Produce Great Bodily Injury;
Punishment
(a.1) Any person who commits
an assault upon the person of another with a deadly weapon or instrument
other than a firearm or by any means of force likely to produce great bodily
injury shall be punished by imprisonment in the state prison for two, three
or four years or in a county jail for not exceeding one year, or by a fine
not exceeding $10,000 or by both fine and imprisonment...
(a.2) Any person who commits an assault upon the person of another with a
firearm shall be punished in the state prison for two, three or four years
or in county jail, for not less then six months and not exceeding one year
or by both and a fine not exceeding $10,000 and imprisonment.
Sec. 6203
Abuse
Means "intentionally or recklessly" to cause or attempt to cause bodily injury, or sexual assault, or to place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
Sec. 6211
Domestic Violence. Abuse perpetrated against any of the following persons:
a. A spouse or former spouse
b. A cohabitant or former cohabitant
c. A person with whom the respondent is having or has had a dating or engagement
relationship.
d. A person with whom the respondent has had a child, where the presumption
applies that the male parent is the father of the child of the female parent
under the Uniform Parentage Act.
e. A child of a party or a child who is the subject of an action under the
Uniform Parentage Act, where the presumption applies that the male parent
is the father of the child to be protected.
f. Any other person related by consanguinity or affinity within the second
degree.
Sec. 6218
Protective Orders
Means an order that includes
any of the following restraining orders, whether issued ex-parte, after notice
of hearing or in a judgment:
a. An order enjoining specific acts of abuse.
b. An order excluding a person from a dwelling.
c. An order enjoining other specified behavior.
Sec. 6224
Statement on Face of Order, Expiration Date and Notice
The order shall state on
its face the date of expiration of the order and statements in substantially
the following form:
"This order is effective when made. The law enforcement agency shall enforce
it immediately upon receipt. It is enforceable anywhere in California by
any law enforcement agency that receives the order or is shown a copy. If
proof of service of the retrained person hasn't been received, the law
enforcement agency shall advise the retrained person of the terms of the
order and then shall enforce it".
EMERGENCY PROTECTIVE ORDERS
PENAL CODE:
Sec. 6250
Grounds for Issuance
A judicial officer (judge)
may issue an ex-parte emergency protective order where a law enforcement
officer asserts reasonable grounds to believe either or both of the following:
a. That a person is in immediate and present danger of Domestic violence
based on the person's allegation of a recent incident of abuse or threat
of abuse by the person against whom the order is sought...
b. That a child is in immediate and present danger of abuse by a family or
household member based on an allegation of a recent incident of abuse or
threat of abuse by the family or household member.
Sec. 6251
Findings of Court
An emergency protective order
may be issued only if the judicial officer finds both of the following:
a. That reasonable grounds have been asserted to believe that an immediate
and present danger of domestic violence exists or that a child is in immediate
and present danger of abuse...
b. That an emergency protective order is necessary to prevent the occurrence
or recurrence of domestic violence or child abuse.
Sec. 6252
Inclusion of Other Orders
An emergency protective order
may include any of the following specific orders, as appropriate:
a. A protective order.
b. An order determining the temporary care and control of any minor child
of the endangered person and the person against whom the order is sought.
c. An order including provisions placing the temporary care and control of
the endangered child an any other minor children in the family or household
with the parent or guardian of the endangered child who is not a restrained
party.
Sec. 6254
Availability of Orders, Effect of Vacation of Household
The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order.