There are two basic ways the District Attorney's Office files domestic violence cases, both of which must involve a person committing an act against a spouse/family member, cohabitant, boyfriend/girlfriend, or the mother/father of their child. One important thing to note is that if convicted of any crime constituting domestic violence, in addition to possible custody time, the person will be required to enroll and complete a 52-week "Batterer's Treatment Program," pay expensive fees/costs, and often times abide by a protective order disallowing contact with the victim.

The first common way charges are filed against a person is called a "simple battery," in violation of California Penal Code Section 243(e)(1). The District Attorney must prove that the person willfully and unlawfully touched the victim in a harmful or offensive manner. A common misconception is that there must be an injury or some sort of pain inflicted in order to prove a battery - this just isn't the case. The threshold for what constitutes a battery is quite low. The slightest touching can be enough to commit a battery, if it is done in a rude or angry way. If convicted of this misdemeanor charge, the person faces up to a year in county jail.

The second common way charges are filed against a person is for inflicting an injury on a victim that results in what's called a "corporal injury," or "traumatic condition," in violation of Penal Code Section 273.5(a). The District Attorney must prove that the person willfully and unlawfully used force on the victim that caused a wound or bodily injury, whether minor or serious. This charge can be filed as a misdemeanor or as a felony. The manner in which the case is filed depends on the conduct alleged and the amount of injury sustained by the victim. The sentence range varies dramatically on these factors, but can include state prison if the injuries are significant, or if the accused has a prior criminal record, or a prior history of violence towards the victim.

In any domestic violence case, don't be fooled into thinking that the District Attorney will "drop the charges" if the victim doesn't support prosecution. Most often, the victim's desire to support prosecution will have little bearing on whether or not a case gets filed and prosecuted. Once the police have been called, a police report filed, and allegations made, the District Attorney will likely proceed forward with the case regardless of the victim's position. An uphill battle will almost always ensue once the wheels are in motion, and a qualified criminal defense attorney will be necessary to handle your case.

Contact Kevin A. Hogle, Esq., to discuss your particular case. Kevin Hogle has years of experience handling domestic violence cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.