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Domestic
Violence
Summary of Laws - Family Code
(Domestic Violence - Statutes and Penalties)
Penal
Code:
- Sec.
273.6. Willful and knowing violation of court order to
prevent domestic violence or disturbance of peace; penalty.
- Sec.
278. Child Abduction Concealment Unlawful Detention, Punishment
etc.
- Sec.
278.5. Violation of Custody or Visitation Decrees; Punishment.
- Sec.
237. False Imprisonment Punishment
- Sec.
240. Assault and Battery
- Sec.
241. Assault; Punishment
- Sec.
242. Battery Defined
- Sec.
243. Battery; Punishment
- Sec.
243.4. Sexual Battery
- Sec.
261. Rape Defined
- Sec.
262.
Rape of Spouse
- Sec.
263. Rape; Essentials; Sufficiency of Penetration
- .
Rape, Rape of Spouse, Unlawful Sexual Intercourse, Punishment
- Sec.
265. Abduction for Marriage or Defilement; Punishment
- Sec.
273.
Willful Cruelty or Unjustifiable Punishment of Child; Endangering
Life or Death
- Sec.
273. Degrading, Immoral or Vicious Practices or Habitual
Drunkenness In Presence of Children
- Sec.
273.5. Corporal Injury of Spouse or Cohabitant of Opposite
Sex; Counseling as Condition of Probation
Penal
Code Updates:
- Sec.
264.2. Victims of Domestic Violence Card; Notification
of Counseling Center
- Sec.
245. Assault with Deadly Weapon or Force likely to Produce
Great Bodily Injury; Punishment
- Sec.
6203.
Abuse
- Sec.
6211. Domestic Violence. Abuse perpetrated against any
of the following persons:
- Sec.
6218. Protective Orders
- Sec.
6224. Statement on Face of Order, Expiration Date and
Notice
Emergency
Protective Orders:
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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.
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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.
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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.
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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.
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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.
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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.
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Sec. 242
Battery Defined
A battery
is any willful and unlawful use of force or violence upon the
person of another.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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".
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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.
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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.
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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.
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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.
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