Domestic Violence Attorney in Bakersfield

What Is Domestic Violence?

Under California law, domestic violence involves abuse or threats of abuse against someone with whom the accused has a close relationship. This includes:

• A current or former spouse
• A cohabitant or former cohabitant
• A person you are dating or previously dated
• The parent of your child
• A fiancé or fiancée

Abuse does not necessarily require visible injury. In California, abuse may include:

• Physical harm or injury
• Threats of harm
• Harassment or stalking
• Emotional or psychological abuse
• Destruction of property
• Disturbing the peace of the other party

Even a minor physical altercation or heated argument can lead to arrest if law enforcement believes probable cause exists. In many cases, police officers responding to domestic disputes in Bakersfield are required to make an arrest if they suspect abuse occurred.

California Domestic Violence Laws

Domestic violence charges in Bakersfield are prosecuted under several sections of the California Penal Code, including:

• Penal Code § 273.5 – Corporal injury to a spouse or cohabitant
• Penal Code § 243(e)(1) – Domestic battery
• Penal Code § 422 – Criminal threats
• Penal Code § 646.9 – Stalking

Penal Code § 273.5 – Corporal Injury

This charge applies when someone willfully inflicts a corporal injury resulting in a traumatic condition on an intimate partner. A “traumatic condition” can include even minor injuries such as redness or bruising.

Penal Code § 243(e)(1) – Domestic Battery

Unlike § 273.5, domestic battery does not require a visible injury. Any harmful or offensive touching of an intimate partner may qualify.

Prosecutors in Kern County take domestic violence allegations seriously and often pursue charges even if the alleged victim later wishes to drop the case. Once charges are filed, the decision to proceed belongs to the state—not the accuser.

Domestic Violence Charges & Penalties in CA

Penalties for domestic violence in California vary depending on the severity of the charge, prior convictions, and the facts of the case.

Misdemeanor Domestic Battery

A misdemeanor conviction may result in:

• Up to 1 year in county jail
• Fines up to $2,000
• Mandatory completion of a 52-week batterer’s intervention program
• Probation
• Protective or restraining orders

Felony Corporal Injury

If charged as a felony, potential penalties include:

• 2, 3, or 4 years in state prison
• Higher fines
• Formal probation
• Loss of firearm rights
• A “strike” under California’s Three Strikes Law

Aggravating factors—such as serious bodily injury, use of a weapon, or prior domestic violence convictions—can significantly increase penalties.

Beyond criminal consequences, a conviction can affect child custody arrangements, professional licensing, immigration status, and employment opportunities. Working with our Bakersfield domestic violence attorney from Humphrey & Thompson can make a substantial difference in the outcome of your case.

Domestic Violence Restraining Orders

In addition to criminal charges, an alleged victim may seek a domestic violence restraining order (DVRO). Courts in Bakersfield can issue:

• Emergency Protective Orders (EPOs)
• Temporary Restraining Orders (TROs)
• Permanent Restraining Orders (which may last up to 5 years)

A restraining order can:

• Prohibit you from contacting the protected person
• Force you to move out of a shared residence
• Restrict child visitation
• Require you to surrender firearms

Violating a restraining order is a separate criminal offense and can lead to additional penalties. At Humphrey & Thompson, we represent clients at restraining order hearings and fight to protect their parental rights and freedom.

Defenses Against Domestic Violence Charges

Several defenses may apply depending on the specifics of your case, and understanding these options can profoundly affect the outcome. At Humphrey & Thompson, we thoroughly examine each case to uncover flaws in the allegations and craft a targeted defense.

• False Allegations: False claims occur more often than many might assume, usually stemming from emotional disputes, custody battles, or attempts to gain an advantage in legal or personal matters. These allegations can have devastating consequences, even when lacking evidence. Our attorneys work diligently to uncover inconsistencies, motivations, or credibility issues in the accuser’s claims, challenging them effectively.
• Self-Defense or Defense of Others: If your actions were taken in self-defense or to protect another person, this could serve as a valid defense against domestic violence charges. The law allows reasonable force to counter a genuine threat. A skilled attorney can demonstrate how your actions were justified under the circumstances.
• Lack of Evidence or Contradictory Evidence: Domestic violence cases often depend on limited evidence or one-sided accounts. If evidence is insufficient, contradictory, or circumstantial, it may weaken the prosecution’s case. We meticulously review police reports, witness statements, and other details to identify weaknesses and pursue dismissals or reductions in charges.
• Mistaken Identity or Wrongful Arrest: Mistaken identity or errors in judgment by law enforcement can lead to wrongful accusations. These situations often arise in chaotic environments or from misinterpretation of events. By analyzing your arrest’s details and challenging discrepancies, we can work to demonstrate that you were wrongly accused.
• Consent in Certain Situations: Some cases might involve mutually agreed behaviors, later mischaracterized as domestic violence. Consent may form a strong defense if the circumstances align. Proving this requires careful examination of the facts, but it can provide a substantial basis for disputing charges.