Civil Penalties and Domestic Battery

Domestic battery, more commonly called "spousal abuse" or "spousal battery," is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dated.

In a criminal court, battery is what's known as a "wobbler," meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if serious bodily injury results (for example, broken bones, loss of consciousness or a concussion), the battery charge will likely be charged as a felony which carries a maximum of four years in state prison.

In a civil court, an individual who is found "liable" for committing this "wrong" or "tort" is subject to several different heavy fines but cannot be sentenced to jail or prison. Other than terminology, the penalty is the primary difference between a civil suit and a criminal case.

That being said, there are several differences between the procedures involved in civil and criminal courts with respect to battery. In a criminal domestic abuse case, it is the prosecutor who actually files the charge, not the victim, as many incorrectly believe. In a civil case, it is the alleged victim (who becomes known as the "plaintiff") who sues the alleged abuser. Another difference is that it is much easier to find the defendant liable in a civil suit, as the judge or jury must only believe that there is a "greater than 50% chance" that the defendant battered his or her intimate partner. In a criminal action, the judge or jury must find the defendant guilty "beyond a reasonable doubt" in order to convict.

In a civil lawsuit for battery, there are three types of monetary damages that may be awarded to the plaintiff. "General" damages are awarded to cover injuries for which an exact dollar amount cannot be calculated. "Pain and suffering" are the most common types of general damages. "Special" damages are awarded to cover the plaintiff's out-of-pocket expenses. These may include any hospital bills, the cost to replace or repair damaged personal property and reasonable attorney's fees. "Punitive" damages are awarded over and above special and general damages to punish a losing party's willful or malicious misconduct.

In addition to monetary damages, a person found liable for battery may also have a Civil Protective Order issued against him or her. In general, a Civil Protective Order will prohibit the restrained individual from coming within a certain number of yards from the protected party in order to prevent further abuse, threats or harassment. However, depending on the circumstances, the order can be much more restrictive. Unless a specific end date is listed, the order will expire three years after being issued.

Clearly there are many consequences, both civil and criminal, that face a person accused of domestic battery. Such being the case, it is imperative that an individual in this situation immediately contacts an attorney upon a battery accusation. The criminal defense lawyers at The Kavinoky Law Firm are experienced at handling every type of California intimate partner abuse case and have successfully defended countless individuals from the devastating consequences that are associated with a battery conviction. In addition, they can provide referrals for civil defense attorneys when necessary. Contact them today for a free consultation.