Domestic Violence Courts were created in California to provide specialization and efficiency in handling the increasing number of domestic violence cases being filed. The court handles every step of a criminal domestic violence case, from arraignment to trial to sentencing.

Unfortunately, many times these courts are simply “guilty mills.” In other words, judges get so involved in protecting the complaining witness that they avoid the usual court protections for defendants. There are judges who will grant every protective order and bend over backwards to help the prosecutor, regardless of the facts and circumstances surrounding the individual cases.

It is best to avoid these types of courts, if possible. An experienced defense attorney can help you navigate the court system and attempt to have your case heard in a regular criminal court. Alternatively, the attorney can attempt to negotiate a charge that will get you out of the supervisory functions of the Domestic Violence Court system.

If you have been charged with any of the following crimes, your case is eligible to be heard in Domestic Violence Court. It is important that your attorney attempt to negotiate the charges in order to help you avoid Domestic Violence Court.

• CA Penal Code § 273.5: willful infliction of corporal injury on an intimate partner. In other words, you can be charged with and convicted of this crime even if you barely touch your partner. You do not have to leave a bruise or draw blood in order to be charged with this crime.
  
• CA Penal Code §§ 242, 243(e): willful or unlawful use of force or violence upon another person (battery) or intimate partner. You could be charged and convicted of this crime even if there are no visible marks and even if your partner doesn’t consider this act a violent act.
  
• CA Penal Code § 136.1: intimidation of victims and witnesses. If you attempt to talk someone out of testifying against you or if you try to talk someone out of not pressing charges against you, you can be charged and convicted of this crime.
  
• CA Penal Code § 240: an unlawful attempted battery coupled with a present ability to commit a violent injury (assault). This means that even if you try to hit your partner and you miss, you can be convicted of this crime.

In order to avoid the harsh treatment of Domestic Violence Court, it is imperative that you hire a skilled defense attorney. If your lawyer is successful in reducing your charges, your case can be heard in a regular court, which could result in leniency and a better overall result.