San Francisco Criminal Lawyer Blog

California has strong legal safeguards, including criminal statutes, to protect against domestic violence. Part of understanding domestic violence-related criminal law is understanding the purpose of the domestic violence statute. The law exists to protect people who are, in the words of the California courts, “in a special relationship for which society demands, and the victim may reasonably expect, stability and safety, and in which the victim… may be especially vulnerable.” In other words, not all relationships are covered by this statute. A person should not be convicted of a domestic violence crime if the facts of their case don’t meet the law’s requirements, including those governing the relationships that are (and aren’t) covered by the law. If you have been accused of a domestic violence crime, it is important to have an experienced California domestic violence attorney, who understands the process and the details of the law, working for you.

One example of a case that went forward as a domestic battery case but should not have was the interaction between “Jane Doe” and a man named Jason. Jane Doe was involved in a sexual relationship with Jason. After Jane Doe made statements that Jason had beaten her “all week long,” the police investigated, but the woman recanted everything and told the officers that the bruises on her body were a result of consensual rough sex she had with Jason. Despite this, the state brought charges against Jason for domestic violence (Section 273.5 of the Penal Code). He was ultimately convicted and sentenced to six years.

Jason appealed, and he was successful. The basis of his appeal was straightforward:  he argued that he could not possibly be guilty of violating Section 273.5 of the Penal Code because that statute requires that the abuser and the victim share one of a short list of specific relationships, none of which applied to him and Jane Doe. His attack on Jane Doe could only be simple battery, rather than domestic battery.