Can You Be Charged with Domestic Violence Without Physical Contact in California?

When most people hear “domestic violence,” they picture physical assault — hitting, pushing, or causing bodily harm to a partner or family member. But in California, domestic violence isn’t limited to physical contact. You can face charges even if no one was ever touched.

Understanding how California law defines domestic violence is essential, especially if you’ve been accused of actions that don’t involve physical harm.

California’s Definition of Domestic Violence

California law takes a broad view of domestic violence. It is defined as abuse or threats of abuse against:

• A spouse or former spouse
• Someone you live with or used to live with
• Someone you are dating or were dating
• The parent of your child

The term “abuse” under California law does not only mean physical injury. It can include several non-physical behaviors.

Examples of Domestic Violence Without Physical Contact

You may wonder how domestic violence charges apply when no one was harmed physically. Here are examples of non-physical conduct that can still result in charges:

• Threats of Violence: Even without action, making a credible threat to harm your partner can qualify.
• Harassment and Stalking: Repeated unwanted calls, texts, or following someone can be prosecuted as abuse.
• Emotional or Psychological Abuse: Patterns of intimidation, humiliation, or control may form the basis of a domestic violence claim.
• Destruction of Property: Breaking a partner’s belongings in anger may be seen as abuse.
• Restraining Order Violations: Contacting someone protected by a restraining order, even without physical violence, is a criminal offense.

This means you could face domestic violence charges for conduct that many people mistakenly believe is not “serious enough” to count.

The Role of Criminal Threats in Domestic Violence Case

California Penal Code § 422 criminalizes making criminal threats. If you threaten to cause great bodily harm and the victim reasonably fears for their safety, you can be charged — even if you never intended to carry out the threat.

For example:

• Sending a text message saying, “I’ll make you pay for this,” could potentially be enough if the person feels genuine fear.
• A heated voicemail or social media message could also be used as evidence.

This shows that domestic violence cases often hinge on perception and context, not just physical injury.

Penalties for Domestic Violence Without Physical Contact

The penalties can be severe, even if no physical harm occurred:

• Misdemeanor Charges: Up to 1 year in county jail, fines, and mandatory counseling programs.
• Felony Charges: Depending on the circumstances, penalties may include years in state prison.
• Protective Orders: Courts often issue restraining orders that limit your freedom and ability to see your family.
• Other Consequences: A domestic violence conviction can affect child custody, professional licenses, and immigration status.

Even if the case involves no physical injury, the stigma and legal consequences can follow you for years.

Defending Against Non-Physical Domestic Violence Charges

Being accused of domestic violence without physical contact can feel confusing and overwhelming. However, there are defenses that a skilled attorney can raise, such as:

• False Allegations: Unfortunately, restraining orders or custody disputes can lead to fabricated claims.
• Lack of Evidence: The prosecution must prove the threat or harassment beyond a reasonable doubt.
• Misunderstood Communication: A text, call, or statement may have been taken out of context.
• No Credible Fear: If the alleged victim did not reasonably fear for their safety, the charge may not stand.

At KN Law Firm, we carefully investigate the facts, challenge weak evidence, and fight for your rights in court.

Why Contact a Criminal Defense Lawyer Immediately

If you’ve been accused of domestic violence — even without physical contact — do not assume it’s a minor issue. These charges carry serious criminal penalties and can damage your future. The sooner you involve an experienced defense lawyer, the stronger your chances of protecting your rights.

KN Law Firm: Protecting Your Rights in Domestic Violence Cases

At KN Law Firm, we understand how stressful and life-changing a domestic violence accusation can be, especially when no physical harm occurred. Located in Glendale, California, our firm serves clients in Los Angeles and the surrounding Southern California cities.

We believe every client deserves a fair defense. Whether your case involves allegations of threats, harassment, or restraining order violations, our attorneys will fight aggressively on your behalf.

Yes, you can be charged with domestic violence in California without ever laying a hand on someone. Threats, harassment, and emotional abuse can all lead to serious criminal charges. If you’re facing allegations, the best step you can take is to call a knowledgeable defense attorney immediately.

Call KN Law Firm at (888) 950-0011 today for a free consultation. We’re here to protect your freedom and your future.