Corporal Injury to Spouse – California Penal Code 273.5

An arrest for corporal injury to a spouse or intimate partner under California Penal Code § 273.5 is one of the most serious domestic-violence allegations in Los Angeles.

These cases move fast, carry severe penalties, and often include automatic protective orders that can force you out of your home and away from your family—sometimes before your side of the story is heard.

California Family Code 6211 defines the types of relationships that qualify as domestic violence under California law.

If you've been arrested or are under investigation, early local defense matters. At Hedding Law Firm, we defend clients charged under PC 273.5 throughout Los Angeles County and the San Fernando Valley.

We act immediately to protect your rights, challenge overcharging, and pursue dismissal, reduction, or acquittal—while working to stabilize your family and living situation. Schedule your initial consultation at (866) 986-2092 or contact us here. 

What Is Penal Code 273.5?

Penal Code § 273.5 makes it a crime to willfully inflict a physical injury resulting in a traumatic condition on an intimate partner, including:

  • A spouse or former spouse

  • A cohabitant or former cohabitant

  • The parent of your child

  • A current or former dating partner

This statute is the primary domestic-violence charge used when there is an observable injury (bruising, swelling, cuts, stitches, fractures). When there is no traumatic injury, prosecutors more often file Penal Code § 243(e)(1) (domestic battery).

Felony or Misdemeanor? (A “Wobbler” Offense)

PC 273.5 is a wobbler, meaning it can be charged as either a misdemeanor or a felony. The filing decision typically turns on:

  • Severity of injury (e.g., fractures, stitches, permanent damage)

  • Prior domestic-violence convictions

  • Alleged Great Bodily Injury (GBI) enhancements

  • Case history, alcohol involvement, and surrounding circumstances

Misdemeanor Exposure (Typical First Offense)

Felony Exposure (Serious Injury or Priors)

  • State prison time

  • Higher fines

  • Formal probation

  • Firearm prohibitions

  • Increased immigration and custody consequences

Specialized Prosecution: The VIC Unit

In Los Angeles County, domestic-violence cases are handled by Victim Impact (VIC) Units—dedicated prosecutors whose sole focus is DV.

These cases receive intensive scrutiny, making it harder to “slip through the cracks.” Strategy, evidence control, and early advocacy are critical.

Immediate Consequences After Arrest

Following a DV arrest under PC 273.5, you can expect:

  • High bail (often $20,000–$50,000)

  • A criminal protective order at arraignment (stay-away)

  • Temporary separation from your home and children

  • Rapid evidence collection (photos, medical records, body-cam)

Violating any order—even with consent—can lead to new charges.

Protective Orders: Full vs. Level-One

Prosecutors typically seek a full stay-away order at arraignment. In appropriate cases, we work toward a level-one order (peaceful contact allowed) by presenting mitigation—often including early enrollment in counseling or DV programs—and demonstrating to the court that there is no ongoing risk.

Restraining orders in California are court orders designed to protect individuals from harassment, abuse, threats, or violence.

How Police Build These Cases

Officers respond with evidence preservation in mind:

  • Photographs of injuries

  • Body-worn camera recordings

  • Statements from parties and witnesses

  • Scene documentation

What you say at the scene can and will be used. Early counsel helps prevent missteps and preserve defenses.

Restraining Orders vs. Criminal Protective Orders

  • Civil restraining orders are sought in family or civil court and require proof of harassment or abuse.

  • Criminal protective orders are imposed by the criminal court and apply automatically in DV cases.

Violations of either can result in arrest and new criminal charges.

Getting the Best Result in a PC 273.5 Case

Every case is different. Effective defense starts with a tailored plan that may include:

1) Pre-Filing Intervention

When facts support it—often where injuries are minimal—we contact the prosecuting agency before charges are filed to seek a DA reject.

2) Arraignment & Order Strategy

Immediate focus on bail, protective-order scope, and lawful contact pathways.

3) Evidence Review

Thorough analysis of body-cam, photos, medical records, and witness credibility.

4) Trial vs. Resolution

If the evidence is weak, we prepare to fight. If risk is high, we build a mitigation package (character letters, treatment, employment impact) to negotiate the best possible outcome.

Common Defenses to Penal Code 273.5

  • No traumatic condition (injury does not meet the statute)

  • Accidental injury or alternative medical explanation

  • Self-defense or defense of others (reasonable force)

  • False or exaggerated allegations

  • Lack of willfulness

  • Credibility issues with statements or witnesses

Context matters. Small details often decide these cases.

Immigration, Custody, and Firearm Risks

A PC 273.5 conviction can trigger:

  • Immigration consequences (moral turpitude issues)

  • Custody and visitation restrictions

  • Firearm prohibitions

  • Housing and employment fallout

Defense strategy must account for these collateral effects from day one.

Why Local Experience Matters

Los Angeles DV cases are fast-moving and policy-driven. Knowing how local DA offices charge, which evidence persuades, and how judges view protective orders is often decisive.

Speak With a Los Angeles PC 273.5 Defense Attorney Today

If you've been arrested or are under investigation for corporal injury to a spouse under Penal Code § 273.5, don't wait. Early action can change the trajectory of your case.

Contact Hedding Law Firm for a confidential consultation. We defend clients throughout Los Angeles County and the San Fernando Valley and are ready to protect your rights, your family, and your future.

📞 Call 866-986-2092 now to get your side heard—before decisions are made without you.

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