Domestic Violence Convictions: Collateral Consequences

What collateral consequences follow a domestic violence conviction?

A domestic violence conviction in California can carry a wide range of collateral consequences—penalties and restrictions that go beyond the formal sentence (like jail, prison or fines). These consequences can significantly impact a person’s life. Here’s a breakdown of some of the most common ones:

Loss of Gun Rights:
Federal and California law prohibit people convicted of domestic violence from owning or possessing firearms, often for life.

Restraining Orders:
A conviction can result in a criminal protective order (CPO), limiting contact with the victim, sometimes including shared children or residence.

Loss of Parental Rights or Custody:
Courts may restrict or deny custody or visitation rights, especially if the child was involved or witnessed the incident. A domestic violence conviction may also trigger a presumption of parental unfitness in family court.

Immigration Consequences:

If you’re not a U.S. citizen, a domestic violence conviction can lead to deportation, inadmissibility, or the loss of immigration benefits including naturalization.

Background Checks:
Employers may see the conviction on background checks, affecting current or future job opportunities.

Loss of Professional Licenses:
This can affect teachers, nurses, lawyers, contractors, security guards, and others with state-issued licenses.

Military Consequences:
Domestic violence convictions can lead to discharge, demotion, or ineligibility for service or promotion.

Educational Impact:
Certain criminal convictions can affect eligibility for federal student loans or grants. Colleges or universities may suspend or expel students convicted of domestic violence.

Other Common Consequences

Difficulty Getting Custody Modifications:
Even years later, courts may consider the conviction in family law decisions.

Probation & Mandatory Programs:
California courts often requires a 52-week batterer’s intervention program and probation conditions. These can be found in Penal Code section 1203.097.

Social Stigma & Relationship Strain:
This is probably obvious. Or maybe it isn’t. The social consequences—especially in close-knit communities—can be long-lasting. Relationships can be damaged beyond repair. These are hard to predict but one thing is sure: the public nature of domestic violence proceedings can be devastating.

What to do if you’ve been accused of domestic violence?

Critical to protecting the rights of the accused and preparing the best defense is contacting an attorney who knows what they’re doing. Davis has a decade of trial experience defending people accused of domestic violence and has seen it all - from domestic violence trials with a dog (yes, a rottwieler dog) at counsel table to witnesses faking medical emergencies on the witness stand. The dog trial was fascinating - the DA’s office received an anonymous tip in the middle of trial that the rottweiler was an attack animal and… I’ll save that for another blog post.

If you have been arrested or charged with any crime involving domestic violence, call Davis to schedule a free 30-minute consultation at his office in Chico.