Domestic Battery

Wais Azami is a great criminal attorney who routinely defends against charges such as “spousal battery,” “domestic battery,” or “domestic violence” in Orange County. Mr. Azami has years of experience as one of the OC’s top spousal abuse defense lawyers. We are centrally-located to all courts in OC from our Garden Grove criminal defense law office. Visit my YouTube Channel for a video explanation of domestic battery charges!

What is a domestic violence or domestic battery charge in California?

Wais Azami is an experienced domestic violence defense attorney in OC. Domestic violence, also known as a spousal battery or corporate injury to a cohabitant, is abuse or threats of harm to a person with whom the abuser is or has been in an intimate relationship (married or domestic partners, are dating or used to date, life or lived together, or have a child together). It’s also known as corporal injury to a spouse or cohabitant. Also, it is when the abused person and the abusive person are closely related by blood or by marriage. Immigration also considers domestic battery as a moral character crime. Immigrants who are not US citizens will face potential immigration consequences for such crimes. The penal codes are PC 243(e)(1) and PC 273.5.

What’s the difference between Penal Code 273.5 and PC 243(e)(1)?

PC 273.5 is a felony wobbler charge. This means it can be charged as a felony or a misdemeanor. When there are visible injuries, it is almost always charged as a felony. PC 243e1 is a misdemeanor where there was a physical battery, but there are no noticeable or detectable injuries. PC 243e1typically results from simple pushing where no one gets hurt. If someone does not bruise but they have internal injuries, it’ll still be considered a felony PC 273.5 charge.

How is “abuse” defined for domestic violence charges?

Domestic violence laws define “abuse” as:

• Physically hurting or trying to hurt someone, intentionally or recklessly;
• Sexual assault;
• Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
• Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

Physical abuse is not just punching or slapping with hands. Abuse can also be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.

Does domestic violence have to be physical?

Keep in mind that the abuse in domestic violence does not have to be physical. Spousal (domestic) abuse can be verbal (spoken), emotional, or psychological. If a child has witnessed one of their parents being physically assaulted, there could be charges for exposing the child to emotional trauma. Further, you do not have to be physically fit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. The next step after a spousal battery charge is usually a request for a temporary restraining order (TRO) by the victim.

Restraining Orders in CA:

After a domestic abuse arrest, the police may recommend that the victim get a restraining order. The restraining order in California usually will be “ex parte” under such situations and that means the victim can go in front of the court to ask that the alleged abuser be kept away. However, for a permanent restraining order, the person charged has a right to be heard. You must find an attorney who can represent you in both the spousal battery charges and the restraining order. Permanent orders can start from one year to three, five or more.

These charges are very serious and you should see us at our office in Garden Grove. A local Orange County lawyer can better assess your case. We serve from Garden Grove to Anaheim, Santa Ana, Stanton, and Westminster. (714) 321-9999

What happens if I’m falsely accused of domestic violence?

The best thing you can do is remain silent and call an attorney. Never argue with the police or it can make matters worse. Never yell or scream at the accuser or they will seem more credible to the police. Simply ask to speak to an attorney.

What are the defenses to domestic violence with injuries?

Common Defenses to Abuse with Injuries:

1. The injuries were an accident.
2. The defendant did not cause the injuries.
3. The defendant acted in self-defense or defense of others.
4. The victim made false accusations.

What is the punishment or penalty for a domestic violence conviction?

Possible Punishments and Consequences of a Domestic Violence Charge:

1. Mandatory jail time.
2. Mandatory classes for domestic violence, up to 52 weeks.
3. Fines.
4. Restitution.
5. Loss of gun rights.
6. Restraining order limits your contact and distance to the victim.
7. Criminal record.
8. Immigration consequences–domestic violence is considered a crime of moral turpitude which qualifies for deportation/removal, denial of entry, and/or denial of renewals.
9. Probation (formal or informal).
10. Protective Order/Peaceful Contact
11. A temporary restraining order (TRO).
12. Permanent restraining order.

Is PC 653m considered domestic violence?

Harassment by Electronic Means:

Anyone who annoys or threatens another by using an electronic device or telephone can be charged with a PC 653m. This is usually part of domestic violence type of charges, even if it’s not violence. It’s more commonly seen in family law matters or co-worker situations.

Wais Azami is a domestic violence lawyer in Garden Grove, Orange Count perfectly located in OC to access all courts in Orange County to aggressively defend you against any of the above-mentioned charges of domestic battery (domestic violence, formerly spousal abuse).

Have you been accused of domestic battery or spousal abuse?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our domestic battery lawyer in Orange County here. Whether it’s a misdemeanor PC 243(e)(1) or felony 273.5, we will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.