A domestic violence charge can disrupt every area of your life. Whether you are concerned about your privacy, reputation, or future, one of the most pressing questions you may have is: Are domestic violence cases public record in California? The answer is that whether your record is public depends on the details, but it is crucial to know what others can see about your case.
This post will explain what information is available to the public, what is protected, and how a domestic violence charge could affect your personal and professional life.
What Are Public Records?
The California Rules of Court and the Public Records Act govern access to criminal court records. Public records are documents or information created by government agencies, including courts, that are available to the public by default. This includes court documents such as dockets, filings, verdicts, and hearing dates unless otherwise restricted by law.
Like others in the state, the San Diego Superior Court allows the public to access most criminal case information through online systems or in-person requests.
If your case involves a juvenile matter, the court will block public access to protect the minor’s identity.
What’s Included in Domestic Violence Case Records?
Domestic violence case court files in California typically contain detailed information about the charge and court proceedings. Here is a brief overview of what they might include:
Charges filed by the district attorney,
- Court dates and hearing transcripts,
- Restraining orders or protective orders issued by the court, and
- Case outcomes, including dismissals or convictions.
Potential employers, landlords, and members of the public may view these records unless they are sealed by court order (which almost never occurs).
Are Domestic Violence Records Always Public?
The short answer: usually yes, but not always. Most domestic violence case records are public unless sealed by court order. There are some exceptions:
- Juvenile proceedings are almost always confidential,
- Cases involving restraining orders can have redacted information to protect the identities of involved parties,
- Sealed cases are not publicly accessible, and
- Judges can restrict access if they believe someone’s safety is at risk.
Courts can also redact or limit public access if disclosure harms someone’s safety or violates other legal protections.
Why It Matters: Public Records and Your Future
A domestic violence case on your record, even if charges are dropped, can impact your life in the following ways:
- Employment prospects. Many employers run background checks and may hesitate to hire someone with a pending or past domestic violence charge.
- Housing opportunities. Landlords often review criminal records when screening tenants. A charge, even an old one, showing up on a rental application could lead to a denial without you ever getting to explain your side.
- Child custody disputes. Family courts review all available records when deciding custody arrangements. Courts almost always view domestic violence charges in a negative light in custody cases where the emphasis is always centered on the best interests of the child. In fact, a conviction for domestic violence by a parent can lead to a total loss of custody of their child.
- Professional licensing. Certain convictions can jeopardize careers in healthcare, education, law-enforcement, etc.
- Social reputation. Anyone can find public records, leading to reputational damage.
If you have been charged or arrested, it is critical to understand what information is available and what you can do about it.
What Is Domestic Violence in California?
In California, domestic violence refers to abuse or threats of abuse between individuals in close relationships. This includes current or former spouses, dating partners, cohabitants, and co-parents.
Under state law, abuse includes more than physical harm—it also covers threats, harassment, and emotional manipulation.
Common Domestic Violence Charges in California
There are several domestic violence-related offenses and regulations, each with a different impact on public records:
- Domestic Battery. Such a battery is a misdemeanor charge involving harmful or offensive physical contact with an intimate partner, even without visible injury.
- Corporal injury on a spouse or cohabitant. A more serious charge involving physical injury that results in a “traumatic condition,” which means some type of injury. This offense may be charged as a felony or misdemeanor.
- Child abuse. Such abuse involves allegations of physical punishment that result in injury to a child. This offense can also impact custody and other family court matters.
- Abuse. A provision of the Domestic Violence Prevention Act helps define abuse in the context of obtaining a domestic violence restraining order, which can affect family law and housing matters.
These accusations and charges can have far-reaching effects on your professional and personal life. Consulting an attorney when you are faced with such charges is highly recommended, as they can work to protect your future.
Why Choose The Law Offices of Kerry L. Armstrong, APLC?
At The Law Offices of Kerry L. Armstrong, APLC, we have represented clients in thousands of criminal cases, including complex or high-profile domestic violence charges. Our team, led by board-certified criminal law attorney Kerry L. Armstrong, is dedicated to safeguarding your rights and future, especially when your privacy and reputation are on the line.
Whether you are facing a misdemeanor or felony charge or want help sealing a record, we bring trial-tested defense strategies and compassionate support to every case.
Protect Your Privacy and Your Future with Us
You have worked hard to build your life. Do not let a negative public record tear that apart. Contact our team today and let us help you take steps to protect your future, explore your legal options, and fight for the outcome you deserve.
FAQs
Can Domestic Violence Records Be Removed from a Background Check?
It depends. A dismissal pursuant to Penal Code section 1203.4 removes a conviction from most background checks, but law-enforcement and licensing agencies will still be able to see the original charge. Sealing, however, makes the entire case file nearly invisible.
Will My Employer Be Able to See My Domestic Violence Case?
Yes, if the record is public and has not been sealed or dismissed pursuant to Penal Code section 1203.4, they can see it if they look. Many employers conduct background checks that reveal pending charges or past convictions.
Can a Restraining Order Be Public?
Yes, restraining orders are typically part of the court record. However, some details, such as home addresses, may be redacted or hidden for safety reasons.
Resources:
- Domestic Violence Program Info. California Courts, link.
- Domestic Violence Help Center. San Diego Court, link.
- Expungement Process. California Penal Code 1203.4, link.
- Domestic Battery – Penal Code 243(e)(1), link.
- Corporal Injury on a Spouse or Cohabitant. Penal Code § 273.5, link.
- Definition of Abuse for Restraining Orders, California Family Code § 6203, link.
Kerry L. Armstrong
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