California has long been at the forefront of legislative efforts to combat domestic violence, continuously refining its laws to better protect victims and hold perpetrators accountable. In recent years, the state has implemented significant changes to its domestic violence felony laws, aiming to enhance victim safety, extend legal protections, and ensure more stringent penalties for offenders. This blog post delves into the most recent updates and changes to felony domestic violence california laws, highlighting key legislative developments and their implications.
1. Extension of Statute of Limitations for Domestic Violence Felonies
One of the most notable changes in California's domestic violence laws is the extension of the statute of limitations for prosecuting felony offenses. Effective January 1, 2025, Senate Bill 690 extends the statute of limitations for prosecuting felony domestic violence crimes from five years to seven years. This extension provides victims with more time to come forward and seek justice, acknowledging the complexities and challenges they may face in reporting abuse. The law applies to crimes committed on or after January 1, 2025, as well as to crimes for which the previous statute of limitations had not expired by that date.
2. Classification of Domestic Violence as a Violent Felony
In a significant move to strengthen penalties for domestic violence offenders, Assembly Bill 292, introduced in 2025, seeks to classify felony domestic violence offenses as "violent felonies." This classification would make offenders ineligible for early release under programs like Proposition 57, ensuring that those convicted of severe domestic violence crimes serve longer sentences. The bill is supported by the California State Sheriffs’ Association and aims to hold perpetrators accountable for the profound harm caused to victims.
3. Enhanced Firearm Restrictions for Domestic Violence Offenders
California has implemented stricter firearm laws for individuals convicted of domestic violence offenses. Under Penal Code 29800, it is a felony for anyone convicted of a felony domestic violence california crimes resulting in injury, to possess a firearm. Penalties for violating this law include 16 months to 3 years in state prison and fines up to $10,000. Even a misdemeanor conviction for corporal injury on a spouse or cohabitant carries a lifetime firearms ban in California.
Additionally, Assembly Bill 818, effective January 1, 2024, requires law enforcement officers to take temporary custody of any firearm or deadly weapon observed in plain sight or found during a lawful search at the scene of a domestic violence incident involving a threat to human life or physical assault. This measure aims to prevent further harm and ensure immediate safety for victims.
4. Strengthening Protective Orders
California has taken steps to make protective orders more accessible and effective for domestic violence victims. Senate Bill 554 allows survivors to file for protection in any superior court in a county where the abuse occurred, where the defendant resides, or where the petitioner resides or is temporarily located. This flexibility ensures that victims can seek protection in a jurisdiction that is most convenient and safe for them.
Furthermore, Assembly Bill 2308 extends the maximum duration of restraining orders against individuals convicted of certain domestic violence-related crimes from 10 years to 15 years. This extension provides long-term protection for victims and reflects the serious nature of domestic violence offenses.
5. Addressing Technology-Facilitated Abuse
With the increasing integration of technology into daily life, California has recognized the need to address technology-facilitated abuse in domestic violence cases. Senate Bill 1394 requires car manufacturers to allow drivers to terminate remote access to a vehicle, preventing abusers from tracking victims and manipulating vehicle controls. This legislation aims to protect victims from technological forms of abuse and enhance their safety.
6. Support for Domestic Violence Survivors
Recognizing the challenges faced by felony domestic violence California has enacted laws to provide better support and resources. Assembly Bill 2432 establishes the California Crime Victims Fund, funded by penalties paid by corporate white-collar criminals, to provide critical support and services to victims and survivors of crimes, including domestic abuse. This fund aims to ensure that victims have access to necessary resources for recovery and rebuilding their lives.
7. Mental Health Diversion Programs
California has updated its mental health diversion statutes through the signing of Senate Bills 1323 and 1400 to better address cases where mental health plays a significant role in criminal behavior. These changes clarify eligibility for diversion programs and provide courts with more guidance on evaluating defendants found incompetent to stand trial. The updates ensure that individuals with qualifying mental health conditions who are charged with specific offenses, including domestic violence, have access to appropriate treatment instead of incarceration.
8. Temporary Protective Orders Post-Incarceration
To address the safety concerns of domestic violence survivors when an abuser is released from prison, Assembly Bill 285 proposes the issuance of temporary protective orders for a six-month period following the defendant's release. This measure aims to provide a safety net for survivors during the critical window after an offender's release, ensuring that they are protected until a permanent restraining order can be obtained.
9. Recognition of Coercive Control
Felony domestic violence California has acknowledged coercive control as a form of abuse, providing a five-year statute of limitations for these cases and enhancing protections for victims. Senate Bill 273, effective January 1, 2020, expanded the statute of limitations for domestic violence cases, reflecting a shift towards greater victim protection and recognizing the complexities and delays often involved. This extension applies to crimes committed on or after January 1, 2020, as well as crimes committed within five years prior to this date.
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