Domestic violence is one of the most serious charges you can face in Bakersfield. This is because it has wide-reaching implications and collateral effects, even for a misdemeanor. If convicted, you should be facing a firearms ban, jail time, thousands of dollars in fines, and a difficult-to-escape criminal record. To protect your freedom, you need an experienced Bakersfield, CA, criminal defense attorney.
Domestic violence is different from regular violent crimes because of the status of the alleged victim: If it was your spouse, dating partner, co-parent, or someone you used to date and/or live with, you can face special domestic violence charges like domestic battery or corporal injury on a spouse or cohabitant.
Our Bakersfield domestic violence defense team examines the evidence, challenges witness accounts, handles police contact for you, and builds a strategy aimed at getting your charges reduced or dismissed, or winning at trial.
Just Arrested? Take These Steps:
- Respectfully refuse to answer questions and request an attorney.
- Call our office (phone lines available 24/7): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- What counts as domestic violence, and the charges that come with it
- 7 key steps to take if you're accused
- What to expect if you're arrested for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence and related consequences in Bakersfield
- Immigration consequences for noncitizens
- Strategies to mitigate the penalties
- What to be aware of if the supposed victim does not want to testify
- Powerful defensive tactics
- How our defense process works
- Why our law firm is ready to be your domestic violence defense attorney
- FAQs
If you've been accused of a crime, don't wait. Contact our criminal defense lawyers at (800) 755-5174 or contact us online today for a free, confidential case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Bakersfield, CA, Define Domestic Violence?
California Penal Code § 13700 defines domestic violence as "abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship."
Family law uses different criteria than criminal law. For protective orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
There are three main things that the prosecution must prove in order for you to be convicted:
- You made physical contact with the alleged victim, causing harm or offense (and, specifically for inflicting corporal injury on a spouse or cohabitant, that the touching resulted in injury);
- Special defenses like self-defense do not apply; AND
- The alleged victim was your current or former spouse; current or former fiancé(e) or dating partner; someone you live with (or, for corporal injury, used to live with); or the other parent of your child.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Willfully using force or violence against a current or former partner. Even the slightest offensive touch counts, and no injury is required.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Intentionally causing a "traumatic condition" to a current or former romantic partner—any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
- Misdemeanor or Felony: Wobbler (could be a misdemeanor or a felony)
The Key Difference: Was There an Injury?
The presence of an injury is the difference between domestic battery and corporal injury charges — because of this, many corporal injury cases involve extensive review of medical records, where your Bakersfield defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed Alongside Domestic Violence
In addition to a domestic violence charge, you could face any of the below related violent crime charges:
- Criminal Threats (PC § 422): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. If convicted as a felony, this falls under California's three strikes law.
- Dissuading a Witness (PC § 136.1): Trying to stop someone from reporting a crime, cooperating with police, or testifying, including asking an alleged victim to "drop the charges."
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Restricting someone's ability to leave a location, and/or unlawfully restraining them against their will.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): An assault with an object or with force likely to cause serious injury.
- Stalking (PC § 646.9): Repeatedly following or harassing someone and making a credible threat that puts them in reasonable fear for their safety.
- Restraining Order Violations (PC § 273.6): Violating the terms of a court-issued protective or restraining order.
- Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
- Elder Abuse (PC § 368): Either hurting an elderly person/dependent adult, leaving them in a harmful situation, or committing fraud against them.
- Sexual Battery (PC § 243.4): With a sexual motive, touching another person's privates without permission.
- Revenge Porn (PC § 647(j)(4)): Trying to hurt another person emotionally by sharing nude, sexual, or otherwise intimate pictures of them, when intended to be private, without their permission.
How to Handle Domestic Violence Allegations in Bakersfield, CA
If you've been arrested for or accused of domestic violence, the most important things are to stay silent, stay away from the alleged victim, and call a defense lawyer immediately:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Request an attorney.
- Request bail and/or release without bail.
- Follow every term of any emergency or criminal protective order.
- Collect any evidence that could be relevant to your case.
- Tell your defense attorney the full story. The conversation is confidential.
- Don't contact the alleged victim, even to apologize or to ask them to drop the case. That contact can violate a protective order and lead to a separate charge for dissuading a witness. If they reach out, talk to your lawyer before responding.
Following these steps gives your case the best chance of a positive outcome. Our phones are ready 24/7 if you have any questions: (800) 755-5174.
In Bakersfield, domestic violence cases frequently arise in the city's industrial and agricultural neighborhoods, where high-pressure work environments can escalate into disputes. The Law Offices of David S. Chesley appear at the Kern County Superior Court on Truxtun Avenue, applying strategies tailored to the Central Valley's specific legal landscape and local law enforcement practices.
What Happens After a Domestic Violence Arrest in Bakersfield, CA?
Many people don't know what to expect after being arrested for domestic violence. Here's what typically happens after an arrest in Bakersfield, CA:
- Arrest: Officers only need probable cause. In Bakersfield, CA, they can arrest for misdemeanor domestic violence without a warrant even if they didn't see the incident (PC § 836(d)). When both people claim they were attacked, officers are directed to identify the "dominant aggressor" rather than arrest both (PC § 13701).
- Booking: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to jail.
- Emergency Protective Order: Officers can request an emergency protective order from an on-call judge, often the same night. It can order you to stay away from the alleged victim and move out of the home for up to 5 court days or 7 calendar days, whichever comes first.
- Interrogation: While under arrest, the police may ask you about the incident. Politely decline to speak without an attorney.
- Bail and Release: Bail may be available as a way for you to secure pretrial release. Many domestic violence charges mandate a bail hearing where your defense attorney can fight for your release, possibly even on your own recognizance.
- Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). Arraignments are sometimes combined with bail hearings, in which case you'll be informed of the charges, asked to make a plea, informed of your bail requirements, and possibly issued a new restraining order.
- Pretrial Stage: At this point, it is time for you and your attorney to build your defense, engage in negotiations, review the evidence, and prepare for trial.
Can You Go Home After a Domestic Violence Arrest?
Depending on court orders, you could be restricted from going home. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. Even in cases where the alleged victim reaches out to you, it's often illegal for you to respond or go to meet them.
Violating the order, regardless of whether they asked you to or not, can lead to additional criminal charges. If the alleged victim does reach out to you, speak with your attorney before responding or going to meet them. They can advise you on the best way to move forward without hurting your chances in court.
Domestic Violence, Restraining Orders, and Custody
It's normal for a domestic violence charge in Bakersfield, CA, to also result in battles related to custody and/or restraining orders. A single incident can lead to a criminal case, a restraining order case, and a custody fight at the same time, and what you say in one can be used in the others. Your defense attorney should coordinate all three.
Types of Restraining Orders in Domestic Violence Cases
There are three main types of Restraining orders that you need to be aware of:
- Emergency Protective Orders: These are a short-term restraining order, lasting 5 court days or 7 calendar days (whichever comes first). They are typically administered after a domestic violence arrest, but the arrest is not required for the police officer to file for one.
- Criminal Protective Orders: PC § 136.2 gives the judge the power to issue a restraining order against alleged offenders while their case is pending. If the case ends in a conviction, a new one can be issued for up to 10 years.
- Domestic Violence Restraining Orders (DVROs): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (Family Code § 6345).
Domestic Violence Accusations and Custody Cases
Domestic violence findings can reshape a child custody case. Under Family Code § 3044, if a family court finds that a parent committed domestic violence against the other parent, the child, or the child's siblings within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest. No criminal conviction is required. A finding in family court, including one made when a DVRO is granted, can trigger the presumption.
You're fighting an uphill battle, but it's not impossible. The court will look at:
- What they think will be the best environment for the child
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, if appropriate
- Completion of a parenting class
- Compliance with probation and any protective orders
- Whether there have been any further acts of domestic violence
The good news is that, even if custody is revoked, the accused parent will likely still have visitation rights, with restrictions. Your lawyer can help you file countermotions to regain custody and/or lift those restrictions.
Domestic Violence Penalties in Bakersfield, CA
Learn about the potential penalties that a domestic violence conviction in Bakersfield, CA, could result in (and similar charges).
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years) | Up to $6,000 (up to $10,000 with a qualifying prior) |
| Dissuading a Witness | PC § 136.1 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated) | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Criminal Threats | PC § 422 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions) | Up to $1,000 |
| Restraining Order Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Assault With a Deadly Weapon / Force Likely to Cause GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Misdemeanor: up to $6,000 Felony: up to $10,000 |
*These are statutory ranges, not predictions. Prior convictions and aggravating factors can increase them. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. To get a full breakdown of the potential penalties in your case, talk to your Bakersfield, CA, domestic violence defense lawyer.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- A minimum period of 3 years
- The issuance of a restraining order in defense of the alleged victim
- Completion of a 52-week batterer's intervention program
- If you can afford it, a $500 payment to domestic violence programs
- Community service
- Loss of firearms
- No new law violations
You may have heard of a California law restricting probation to a maximum of two years (AB 1950). Under current law, this does not apply to domestic violence cases.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Bakersfield, CA, domestic violence conviction can lead to the following:
- Loss of Firearm Rights: A conviction of either domestic battery or corporal injury leads to a loss of firearms rights. Misdemeanor domestic battery convictions are a permanent federal ban and a 10-year California ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions result in a lifetime ban.
- Immigration Consequences: Domestic violence convictions can count as a crime of moral turpitude, leading to deportation. Learn more in the immigration section below.
- Custody: A conviction often leads to the full loss of child custody after a family court case.
- Long-Term Protective Orders: The court can issue a criminal protective order lasting up to 10 years, and the alleged victim may also seek a DVRO.
- Employment and Licensing: A conviction appears on background checks and can affect professional licenses, security clearances, and jobs working with children or vulnerable adults.
- Relationships and Reputation: A conviction can strain your current relationship and follow you socially and professionally.
Domestic Violence Charges and Immigration
Immigrants and non-U.S. citizens face additional challenges on top of criminal penalties. Under federal immigration law (INA § 237(a)(2)(E)), two things can make a noncitizen deportable:
- A conviction for a crime of domestic violence, as defined in U.S. federal law
- A court finding that you violated the parts of a protective order that protect against threats of violence, repeated harassment or bodily injury, even without a separate criminal conviction for the violation
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.
If you're an immigrant facing domestic violence charges, the first plea offer you receive probably won't be the best outcome for your case. A reputable Bakersfield, CA, immigration attorney can help you evaluate the potential legal consequences of a deal, negotiate for a more favorable one, and fight against deportation.
Diversion, Reductions, and Clearing Your Record
Domestic violence charges require specialized strategies to lessen the impact on your criminal record. Standard misdemeanor diversion via PC § 1001.95 is not an option, so instead, our lawyers can help you explore the following:
- Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- Mental Health Diversion (PC § 1001.36): If a diagnosed mental health condition played a role in the alleged offense, the judge may pause the case while you complete treatment (up to 2 years for a felony or 1 year for a misdemeanor). If you complete it successfully, the charges are dismissed.
- Military Diversion (PC § 1001.80): Veterans treatment courts are available for some misdemeanors when the alleged offender has a qualifying condition (like substance misuse), and does not present a threat to public safety.
- Reduction to a Misdemeanor (PC § 17(b)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
- Expungement (PC § 1203.4): While expungement does not perfectly restore your record, it can help with future employment applications.
What if the Alleged Victim Wants to Drop Charges?
It's common for an alleged victim to recant, refuse to cooperate, or ask the prosecutor to drop the case. When this happens, it is a major benefit to the defense, but it will take more to beat the charges:
- Prosecutors can sometimes proceed without the alleged victim. Ultimately, the alleged victim is not the one you're fighting the criminal case against — instead, it's the state of California. If the prosecutor thinks they have a strong enough case without victim testimony, they may choose to move forward with the charges anyway. The constitutional legality of evidence becomes paramount at this stage, and your attorney will have to evaluate everything on a case-by-case basis.
- Prior incidents can come in. California Evidence Code § 1109 sets special conditions which allow prosecutors to use evidence from old domestic violence cases in the current case (generally going back up to 10 years).
- They can compel your spouse to testify. Normally a spouse can refuse to testify against the other, but that privilege has an exception for crimes against the spouse (Evidence Code § 972(e)).
Neither you nor anyone acting for you should ask the alleged victim to stay away from court, which can be charged as dissuading a witness. Your attorney can lawfully inform the court that the supposed victim is recanting, file motions against other forms of evidence, and use inconsistencies in the evidence to your advantage.
Defense Strategies Your Domestic Violence Attorney May Use
Your domestic violence lawyer will evaluate the specifics of your case and choose the defense that fits it best. Some cases are best defended by challenging how the evidence was gathered. Or perhaps you can show that there was a false accusation, and you're actually innocent. Still others may be built around intent, if the alleged victim was hurt accidentally.
Here are defense strategies our domestic violence attorneys may use in your case:
- False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. We investigate the accuser's motives and challenge their credibility.
- Self-Defense or Defense of Others: You can lawfully use reasonable force to protect yourself or someone else from imminent harm.
- Dominant Aggressor: When both people were physically involved, the key question is who was the primary aggressor. Injuries, prior history, witness accounts, and 911 recordings can show that you were defending yourself, not the one who started it.
- Lack of Intent or Accident: Both domestic battery and corporal injury require a willful act. Accidental contact, like bumping someone while trying to leave, is not domestic violence.
- No Traumatic Condition: For a PC 273.5 charge, the prosecutor must prove the touching caused an injury. Where an injury is minimal, unexplained, or existed beforehand, that can mean a reduction to misdemeanor battery or a dismissal.
- Alleged Victim Recants: While the alleged victim cannot drop the criminal charges, their recantation can prove valuable as a part of your defense.
- Reasonable Doubt: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge beyond a reasonable doubt.
- Alibi: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
- Constitutional Violations: When a procedural error occurred that goes against your rights, our team will argue for evidence to be thrown out and charges to be dropped.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
When you call the Law Offices of David S. Chesley, our domestic violence defense team gets to work right away. Here's how the process works:
- Initial Consult: Everything starts with a free, confidential case review.
- Bail and Protective Orders: We will fight for pretrial release in your case, and if there is a protective order against you, we'll fight for its reduction so that you can go back home.
- Interview Management: Don't try to face a police interrogation alone — we will stand by your side and advise you on how to respond.
- Defense Investigation: We'll look through anything the prosecution found after discovery, and conduct our own independent research/evidence review.
- Strategy Development: When we have all the evidence we need, we'll decide on a defense strategy that maximizes your chances of a positive outcome.
- Pretrial Motions: Motions give us a chance to challenge evidence and push for charges to be reduced or dismissed.
- Plea Negotiations: During the pretrial phase, we'll reach out to Bakersfield prosecutors to negotiate positive plea deals on your behalf.
- Trial Representation: If you don't get a plea deal that you want to accept, we'll go to trial and argue your case in front of a judge and jury.
- Sentencing Advocacy and Appeals: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Bakersfield, CA
Our firm has over 50 years of combined courtroom experience. We've been judges, prosecutors, and police officers, and we know where common weaknesses are in the state's cases.
Here's what sets us apart from other criminal defense firms in Bakersfield, CA:
- Former prosecutors on our team that can draw on their experience on the other side of the courtroom.
- Local courtroom experience that we can leverage in our negotiations before trial.
- Combination criminal defense and immigration services, because noncitizens deserve special attention to their unique circumstances.
- Available 24/7, so that you can get a hold of our team around the clock.
- Reputation for delivering. You can see some of our recent case results of how we've delivered for clients.
In a previous case, our client was accused of committing assault with a deadly weapon and domestic violence for hitting the alleged victim with a car. We examined the evidence of the injury, argued with the district attorney, and were able to secure a full dismissal of charges for our client.
Past performance does not predict future results.
Bakersfield, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Bakersfield, CA?
Not automatically. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. Some of the conditions of domestic violence probation are: at least 36 months of probation, a 52-week batterer's intervention program, and a restraining order. To maximize your chances of avoiding jail, be sure to work with an experienced defense attorney.
Does California consider domestic violence a felony?
That depends on what the Bakersfield prosecutor chooses to charge in your case. Domestic battery under PC 243(e)(1) is always a misdemeanor. Corporal injury on a spouse or cohabitant under PC 273.5 is a "wobbler," which means the prosecutor can file it as a misdemeanor or a felony depending on the injury, your record, and the facts. Related charges such as criminal threats, stalking, and dissuading a witness are also wobblers.
What is the difference between domestic battery and corporal injury?
Domestic battery (PC 243(e)(1)) includes an intentional, nonconsensual form of physical contact that hurts or offends a current or former romantic partner. It does not matter whether or not an injury was caused. Corporal injury (PC 273.5) is generally considered the more serious offense because it involves causing harm to another person. It can also be charged as a felony.
Can the victim drop domestic violence charges in Bakersfield, CA?
No. Once charges are filed, only the prosecutor can decide not to pursue the case. An alleged victim who recants or does not want the case to go forward can still help your defense, but that does not guarantee a dismissal.
Can I be arrested for domestic violence if there is no visible injury?
Yes. For police to make an arrest, they only need probable cause — not to witness a crime occurring or observe an injury. In fact, they are required to make an arrest in domestic violence cases if there is probable cause.
Am I allowed to go home after release from a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.
What diversion options are available for a domestic violence charge in Bakersfield, CA?
Typically, diversion is not an option in Bakersfield domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). However, some defendants may qualify for mental health diversion under PC 1001.36, and current or former service members charged with a misdemeanor may qualify for military diversion under PC 1001.80. While they are not options for everyone, they can make a major difference in eligible individuals' lives.
Can a domestic violence conviction be expunged in Bakersfield, CA?
Usually, yes. Generally, you need to fit the following criteria:
- You did not serve a jail sentence (e.g., you were granted probation).
- You have completed all probation requirements.
- You have no pending criminal charges or warrants.
- You have not previously been convicted of a serious offense that bars you from expungement.
An expungement does not restore firearm rights, and it does not erase the conviction for immigration purposes.
Will a domestic violence conviction take away my gun rights?
Very likely. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. These are separate from any restraining order restrictions, which often ban firearm possession for their duration.
How long does a domestic violence case take in Bakersfield, CA?
Anywhere from a few months to more than a year. After an arrest, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After that, the pretrial phase of discovery, investigation, motions, and plea negotiations usually takes several months, and cases that go to trial take longer.
Can a felony domestic violence charge be reduced to a misdemeanor?
Yes. Because inflicting corporal injury on a spouse or cohabitant a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What should I do if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, or you could end up facing additional charges. Most domestic violence cases include restraining orders against the alleged offender, and even if the alleged victim reaches out to you, you can face consequences for breaking the conditions. These orders can be challenged, though — the right defense attorney can help you make your case in court.
Talk to a Bakersfield, CA, Domestic Violence Defense Lawyer Now
Get help from a law firm with extensive experience fighting against clients' domestic violence charges. Get help from the Law Offices of David S. Chesley.
Our firm can also assist you with the following legal services in Bakersfield, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak with one of our team members at (800) 755-5174 or reach out online to set up a private consult with a domestic violence lawyer in Bakersfield, CA.
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