The Non-Criminal Effects (Collateral Consequences) of a California Domestic Violence Conviction

Most people understand that serious crimes carry serious penalties, like jail time and fines. However, many people don’t realize that certain crimes – including domestic violence – can create problems for them outside of the criminal courts. Lawyers call these non-criminal effects “collateral consequences.” 

A collateral consequence is a legal or non-legal barrier created by a misdemeanor or felony conviction. For example, federal law makes it difficult or impossible for people convicted of certain crimes to live in federally-funded public housing. While the housing has nothing to do with the crime itself, losing federal housing benefits is a serious consequence. Collateral consequences can be temporary, for a specified time period, or permanent. 

In California, a conviction for felony or misdemeanor domestic violence can create many collateral consequences. This article explains some of the common collateral consequences of a California domestic violence conviction. However, every case is different. Discuss your case with a Marin County domestic violence attorney to learn more about the collateral consequences in your case. 

Brief Overview of California Domestic Violence Laws 

In California, domestic violence focuses on relationships. Protected relationships under California law include: the other parent of the defendant’s child, a current or former spouse, fiancée, fiancé, or romantic cohabitant, or a current or former romantic or dating partner. Let’s call these intimate relationships. 

In California, two crimes fall under the “domestic violence” umbrella. The first is domestic battery. California Penal Code § 243(e)(1) says that domestic battery occurs when the defendant willfully touches someone with whom they are in an intimate relationship. Note that any touching counts — there doesn’t have to be an injury. Domestic battery is a misdemeanor. 

The second crime is corporal injury, as stated in California Penal Code §273.5. Like domestic battery, corporal injury involves injury to intimate partners. But while any touching will satisfy the domestic battery requirements, occurs when a person causes a “traumatic condition” to another party to the intimate relationship. Traumatic conditions include all injuries to the body, whether major or minor. Corporal injury is a wobbler offense, which means it can be charged as a felony or a misdemeanor depending on the circumstances. 

Domestic Violence Collateral Consequences – Firearms Ownership

In California, a conviction for domestic battery carries a 10-year ban on firearms. This means that you cannot buy, own, receive, or otherwise possess a gun for 10 years. 

The consequences for a corporal injury conviction are more severe. For either misdemeanor or felony corporal injury, a conviction leads to a lifetime ban on gun possession. 

It is extremely difficult to restore gun rights once they are removed. In California, even expungement of the conviction will not restore firearm ownership privileges. Also, in addition to the bans under California law, a domestic violence conviction may also trigger a bar on gun ownership under federal law.

The rules around gun rights and domestic violence are complex and constantly changing. Discuss any questions with your Marin County criminal defense attorney. 

Domestic Violence Collateral Consequences – Employment 

You may have heard that California law forbids employers from asking about an applicant’s criminal history. It’s true that the Fair Chance Act doesn’t allow employers covered by the law to ask about convictions during the application process. However, once a job offer is extended, employers can conduct a criminal background check. Depending on the job, it’s entirely possible that a domestic violence conviction could raise concerns for an employer. 

In addition to creating barriers to getting a job, a domestic violence conviction could prevent a person from keeping their current job. Many careers – including doctors, lawyers, and teachers – require professional licenses. The licensing boards in these industries may have concerns about a domestic violence conviction. Moreover, a domestic violence conviction may make it difficult to keep a security clearance.

Employment is one of the most challenging collateral consequences. A Marin County criminal defense attorney can tell you more about how to respond to them. 

Domestic Violence Collateral Consequences – Family Law  

In California, family court judges must make custody and visitation decisions based on the best interests of the child. However, California’s Family Code creates a presumption that awarding sole or joint custody to a parent with a history of domestic violence is not in the child’s best interests. This means that the parent accused of domestic violence could have less say in decisions regarding their child and less time with their child.  

Notably, this presumption can apply before a conviction. A guilty plea or even the presence of a domestic violence restraining order can trigger the presumption. 

While this presumption applies automatically, the good news is that it is a rebuttable presumption. This means that you will be allowed to present evidence on your own behalf to show that sole or joint custody is appropriate. Your Marin County domestic violence attorney can tell you more about how to proceed. 

Domestic Violence Collateral Consequences – Immigration 

Immigration rules are made by the federal government. Under current federal immigration laws, “crimes of domestic violence” – even misdemeanors – are deportable offenses.  Felony domestic violence convictions generally make it more difficult for immigration judges to consider discretionary relief such as cancellation of removal. 

Immigration removal can lead to serious consequences for non-citizens and their families. Talk to your defense attorney and your immigration lawyer about how a domestic violence conviction might affect your immigration status. 

Other Collateral Consequences of a Domestic Violence Conviction  

A felony or misdemeanor domestic violence can create consequences in many areas of life. Other impacted areas can include: 

• Education. A domestic violence conviction can lead to punishment under student conduct codes. No-contact orders may make attending classes difficult. 

• Volunteering. Organizations, particularly those that work with children (e.g., Boy Scouts, Girl Scouts) may reject volunteers with domestic violence convictions. 

• Housing. A domestic violence conviction can impact eligibility for federally funded housing. Many private landlords conduct criminal background checks, so they may deny a rental based on a history of domestic violence. 

Get Help with the Collateral Consequences of a California Domestic Violence Conviction  

A domestic violence conviction can create ripple effects in many areas of a person’s life. It can affect your family life, your job – even your ability to keep your home. Fortunately, a qualified Marin County domestic violence attorney can help. 

If you need help dealing with the consequences of a domestic violence conviction in San Francisco or Marin County, contact Brownstein Law Group. We prepare to take every case to trial so our clients (and our opponents) know that we’re willing to go the distance. To learn more about how we can fight for you, call 415-795-9059 or use our online contact form.