California Spousal Abuse Laws (2026): What Actually Counts As A Crime

Most people think spousal abuse is only physical violence. They’re wrong. In California, the laws are actually way broader than that. And honestly, they’re serious. Let’s break down exactly what you need to know about these laws, what counts as abuse, and what happens if you break them.

This matters because abuse affects real people every single day. If you’re experiencing it, you need to know your options. If you’re worried you might be doing something illegal, you need to understand the rules. Either way, we’ve got you covered.

What Is Spousal Abuse?

California law uses the term “domestic violence” instead of “spousal abuse.” But here’s the thing: it covers way more than just married couples. It includes intimate partners, people who date, people who live together, and yes, married spouses too.

Spousal abuse isn’t just physical violence. Nope. California law recognizes several types of abuse. You’re probably not alone if this surprises you. Most people don’t realize how broad these definitions actually are.

Types of Abuse Under California Law

Physical Violence

This one’s obvious, right? Hitting, pushing, slapping, choking, or any physical harm counts. Even if you didn’t cause serious injury, it’s still illegal. You could face charges just for pushing your partner.

Threats and Intimidation

Here’s where it gets interesting. Making threats to hurt your spouse is illegal. So is threatening to report them to immigration. Threatening to take away their kids or pets counts too. Pretty much any threat meant to control or scare them is covered.

Harassment and Emotional Abuse

California takes this seriously. Calling your spouse repeatedly to harass them? That’s illegal. Sending threatening text messages or emails? Also against the law. You don’t need to lay a finger on someone to break domestic violence laws.

Stalking

Okay, pause. Read this carefully. Following your spouse, monitoring their location, or repeatedly contacting them without consent can be stalking. This applies even though they’re your spouse. It’s still a crime.

Sexual Assault

Many people don’t realize this applies within marriage too. Sexual contact without consent is illegal. Your marriage license doesn’t give you automatic consent.

Property Destruction

Damaging your spouse’s belongings in anger is a form of abuse under California law. Smashing their phone. Breaking their car. Destroying their clothes. All illegal. It’s a way of controlling someone through intimidation.

Economic Abuse

This one’s often overlooked. Preventing your spouse from working is illegal. Controlling their money, stealing their paycheck, or running up debt in their name counts too. It’s about taking away their independence.

The Basic Laws in California

California Penal Code 243(e)

This is the main domestic violence law. It makes it illegal to use force or violence against an intimate partner. You could get charged even if there’s no visible injury. You could face jail time, fines, or both.

California Penal Code 273.5

This law specifically covers “domestic violence.” It’s what prosecutors use when someone causes bodily injury to an intimate partner. The penalties are harsher than simple battery. This is serious stuff.

Restraining Orders

California allows judges to issue protective orders. These prevent someone from contacting, harassing, or coming near their spouse. Violating a restraining order is its own separate crime. Think of it like a court order that says “stay away.” Breaking it has real consequences.

The Five-Year Gun Ban

Here’s something many people don’t know. If you’re convicted of domestic violence in California, you lose your gun rights. For ten years. Wait, actually let me correct that. The law changed in 2019. Now it’s a lifetime ban if you have a prior conviction. That’s pretty serious.

Penalties and Consequences

What Happens for Simple Domestic Violence

You could face up to six months in jail. You might get fined up to $1,000. Or both. The judge might order you to complete a 52-week domestic violence class. That’s almost a year of classes. Some judges order probation instead of jail, but you still have a criminal record.

What Happens for Domestic Violence with Injury (PC 273.5)

This is more serious. You could face up to one year in county jail. The fine goes up to $4,000. Plus you’d have to complete a domestic violence program. This charge is a “wobbler,” which means the prosecutor can charge it as either a misdemeanor or felony depending on the situation.

Felony Domestic Violence

If you have prior convictions, or if the injury is severe, you could face felony charges. That means up to four years in state prison. A felony conviction stays on your record permanently. It affects your job, housing, and basically your entire future.

Restraining Order Violations

Break a protective order and you face up to six months in jail per violation. Yes, per violation. Contacting someone once could be one violation. Contacting them again could be another. The fines can reach $1,000 per violation too.

Other Consequences

Here’s what else happens. You could lose custody of your kids. California courts take domestic violence seriously in custody cases. Your professional license might be at risk. Teachers, doctors, nurses, and other licensed professionals can face discipline. A conviction stays on your criminal record forever. And yeah, you lose your right to own guns.

California’s Mandatory Arrest Policy

California requires police to make an arrest in domestic violence cases. They can’t just talk to you and leave. If there’s probable cause that domestic violence happened, someone is going to jail. Period. This is how the state tries to protect victims.

This means you don’t have a choice about what happens next. The victim can’t drop charges. Once police get involved, the system takes over. That’s why the stakes are so high.

Recent Changes to California Domestic Violence Laws

The 2022 Update on Strangulation

California made choking and strangulation a separate offense in recent years. It’s taken very seriously now. Even if there’s no visible injury, strangulation is a felony. This law exists because strangulation is incredibly dangerous and often a sign an abuser is escalating.

Gun Violence Restraining Orders

California expanded protective orders in recent years. Now, employers, educators, and law enforcement can petition for protective orders in domestic violence situations. This gives more people the ability to get legal protection.

Abuse of Multiple Family Members

The law now addresses situations where someone abuses more than one family member. The penalties can increase significantly. If you’ve hurt multiple people, the court takes that into account.

Special Circumstances and Exceptions

Police Officers and Domestic Violence

California has specific laws about police officers. They’re held to higher standards in some ways, but the laws still apply equally. Actually, that’s one area where the system tries to be strict. Police should know better.

Immigration Status

Here’s something important. If you’re not a U.S. citizen, a domestic violence conviction can lead to deportation. Seriously. Your immigration status doesn’t protect you from these laws. And a conviction can permanently bar you from becoming a citizen.

Minors in the Home

If there are children in the home, the situation gets even more serious. Child protective services might get involved. You could lose custody. This applies even if the abuse wasn’t directed at the kids.

Same-Sex Couples

California’s domestic violence laws apply equally to same-sex couples. Good news, right? The protections are the same. The penalties are the same. The laws don’t discriminate.

How to Get Help If You’re Being Abused

Domestic Violence Hotlines

The National Domestic Violence Hotline is available 24/7. Call 1-800-799-7233. You can also text START to 88788. They can help you make a safety plan. They can connect you with local resources.

Restraining Orders

You can file for a restraining order yourself. You don’t need a lawyer, though one helps. Visit your local courthouse and ask about the process. Many courts have free forms and help filling them out. The order can last up to five years.

Police Reports

Call 911 if you’re in immediate danger. Or call the non-emergency line to file a report. Having a police report creates documentation. This matters if you pursue legal action later.

Legal Help

California has free and low-cost legal services. Contact your county bar association or legal aid office. Many domestic violence organizations provide free legal help specifically. Don’t handle this alone.

Shelters and Support Programs

California has domestic violence shelters in every county. They provide safe housing, counseling, and support. Call the hotline above to find one near you. Many are free and confidential.

How to Comply and Avoid These Laws

Don’t Use Violence or Threats

Okay, here’s the basic rule. Don’t hit your spouse. Don’t threaten them. Don’t scare them. This seems obvious, but it matters. Many people don’t realize that words can be just as illegal as physical violence.

Respect Restraining Orders

If there’s a court order, follow it exactly. Don’t contact the person. Don’t go near them. Don’t have anyone else contact them on your behalf. Violation has serious consequences.

Stay Away from Alcohol and Drugs

Substance abuse doesn’t excuse violence. The law still applies. But staying sober helps you stay in control and make better choices.

Get Help If You’re Struggling

If you feel like you might hurt someone, get help now. Don’t wait. Anger management classes, therapy, and counseling work. California has resources for people who recognize they have a problem.

Know the Difference Between Argument and Abuse

Arguments happen in relationships. Yelling at your spouse isn’t automatically domestic violence. But once you cross into threats, violence, or control, you’ve broken the law. Know where that line is.

Frequently Asked Questions

Does the victim have to press charges? No. The state can prosecute domestic violence cases even if the victim doesn’t want charges filed. That’s actually the whole point. The victim can’t be pressured to drop charges.

Can a restraining order stop someone from contacting me on social media? Yes. Restraining orders cover all forms of contact. This includes phone calls, texts, emails, social media messages, and having someone else contact you. It’s pretty comprehensive.

What if it was just one incident of violence? It doesn’t matter if it happened once. You can still be convicted of domestic violence. One act of violence is still a crime. Frequency doesn’t change the law.

Will a domestic violence conviction affect my job? It might. Some employers care about criminal records. Licensed professions definitely do. Teachers, nurses, and security guards can lose their licenses. It depends on your job, but a conviction can hurt your career.

Can I get my case dismissed? Possibly, but it’s difficult. The prosecution has to prove guilt beyond a reasonable doubt. If they can’t, you could be acquitted. But dismissal before trial is rare in domestic violence cases. You need a good lawyer to explore your options.

Does couples therapy help with legal charges? No. Therapy is good for relationships, but it doesn’t erase criminal charges. The law still applies. A judge won’t reduce your sentence just because you’re going to counseling.

Can you be charged if there’s no visible injury? Absolutely. Bruises, cuts, and marks aren’t required. The law covers force and violence even without injury. Strangulation specifically can be charged with no visible marks.

What’s the difference between a misdemeanor and felony domestic violence charge? Misdemeanors are less serious and can result in up to one year in county jail. Felonies are more serious and can result in state prison time. Prior convictions, severity of injury, and other factors determine which you face.

Final Thoughts

California takes spousal abuse incredibly seriously. The laws are broad. The penalties are real. And yes, they apply to everyone regardless of your relationship status or how much you love each other.

If you’re in an abusive situation, know that help exists. You’re not alone. Resources are available, and people want to help. Reach out to a hotline, visit a shelter, or call the police. You deserve safety.

If you’re worried about your own behavior, that’s actually a good sign. It means you recognize something needs to change. Get help now. Counseling, anger management, and therapy work. Don’t wait until you’re facing criminal charges.

Stay informed. When you’re unsure about something legal, ask a lawyer. Don’t guess. Your future depends on getting it right.