Misdemeanor domestic violence conviction can be grounds for termination
The details of Anthony Hernandez's seemingly private relationship with his girlfriend ultimately became grounds for the California Department of Correction and Rehabilitation to terminate his employment as a correctional sergeant. After he was convicted of misdemeanor domestic violence for an incident involving his girlfriend, the department determined he could no longer do his job, which involved carrying a gun, because federal law prohibits a person convicted of domestic violence against "a person similarly situated to a spouse" from possessing a firearm.
Thus, to determine whether the department properly terminated Hernandez, the California Court of Appeal had to consider whether his girlfriend was similarly situated to a spouse.
Facts
Hernandez and the victim of his domestic violence were involved in a "romantic relationship." Although they maintained separate residences, Hernandez "lived with" the victim four or five nights a week.
About five months after the relationship began, Hernandez and the victim had an "extensive fight" that became physical. Hernandez "placed both hands around her neck and lifted up and down so 'she could not breathe or talk.'" The police responded to the fight. When Hernandez was arrested, he told the police that "he and his girlfriend" had been together for approximately six months.
Hernandez was criminally charged for the fight. He pleaded no contest to a misdemeanor charge for "infliction of bodily injury on a spouse or cohabitant, or on another intimate partner who has had an engagement or dating relationship."