Domestic violence is one of the most serious charges you can face in Calabasas. 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 Calabasas, CA, criminal defense attorney.
The key points you need to know are this:
- The main domestic violence charges in Calabasas, CA, are domestic battery and corporal injury on a spouse or cohabitant
- Domestic battery does not require injury, and is charged as a misdemeanor.
- Inflicting corporal injury requires causing active harm, and can be considered either a felony or a misdemeanor.
- People often also face additional charges, such as criminal threats or violating a protective order.
- It's critically important to obey any no-contact orders.
- In addition to formal penalties, domestic violence convictions have serious custody and firearm rights implications.
Whatever charge you're facing, don't try to handle it alone.
Our Calabasas domestic violence defense team is ready to help with your case. We offer free case reviews, and our phone lines are available 24/7.
Protect Yourself by Taking These Three Steps:
- Politely decline to answer questions.
- Contact us (you can reach us by phone around the clock): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- Charges that count as domestic violence in Calabasas
- 7 key steps to take if you're accused
- What to expect if you're arrested for domestic violence
- What you could be facing in terms of protective orders and custody battles
- Penalties, probation, and collateral consequences
- The intersection between domestic violence charges and immigration law
- Different diversion options that you may want to explore
- What happens if the alleged victim doesn't cooperate
- Different ways our lawyers may defend your case
- The different steps we take in building a defense
- Why you should work with us as your domestic violence lawyers
- Frequently asked questions
If you're facing domestic violence allegations, act fast. Call our criminal defense lawyers at (800) 755-5174 or use our contact form now for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Does a Domestic Violence Accusation Mean in Calabasas, CA?
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 works differently. For restraining orders, you need to be aware of Family Code § 6211. It extends the definition to include parents, grandparents, children, and siblings That's why an argument with a family member can lead to a domestic violence restraining order even when it isn't charged as domestic battery.
Domestic violence charges hinge on the prosecution's ability to prove these three things:
- You willfully touched the alleged victim in a harmful or offensive way (and, for corporal injury, that the touching resulted in injury);
- Special defenses like self-defense do not apply; AND
- The alleged victim False into a protected individual category as described in California Penal Code § 13700.
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 Distinction: Was There an Injury?
Whether or not there was an injury is the difference in what you get charged with: No injury means domestic battery charges, while any physical trauma means a corporal injury charge. In terms of penalties, the maximum jail sentence for domestic battery is one year, while a felony corporal injury charge can result in up to 5 years (though this can be extended depending on your record).
Charges Often Filed With Domestic Violence
Domestic violence might be limited to corporal injury and domestic battery, but violent crime charges in general include several more examples. You could also be facing accusations of:
- Criminal Threats (PC § 422): Telling or displaying that you intend to hurt someone else, whether or not you actually do. 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 or breaking 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)): Attacking someone with excessive power and/or a weapon that can seriously hurt them.
- 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): Breaking the terms of a no-contact or related court order.
- Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
- Elder Abuse (PC § 368): Physically or emotionally causing harm to an elderly or dependent adult.
- 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.
What to Do if You've Been Accused of Domestic Violence in Calabasas, CA
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Do not answer any questions or discuss your case with anyone.
- Ask for a lawyer, and don't answer questions until you have one.
- Work with your attorney to get released on bail or your own recognizance.
- If you were issued a restraining order, follow every rules.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Tell your defense attorney the full story. The conversation is confidential.
- Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.
It's critically important for you to make the right decisions now. Our phones are ready 24/7 if you have any questions: (800) 755-5174.
Calabasas' affluent neighborhoods and celebrity-influenced communities near the Calabasas Commons create pressures that can lead to domestic violence allegations in luxury multi-unit housing along Las Virgenes Road. The Law Offices of David S. Chesley appear at the Los Angeles Superior Court, San Fernando Courthouse, applying strategies tailored to Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Calabasas, CA?
It's normal to be scared or overwhelmed after police take you into custody. Here's what you need to be prepared for after police show up in Calabasas, CA:
- Arrest: Officers only need probable cause. In Calabasas, 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: You'll be fingerprinted, photographed, and processed into jail.
- Emergency Protective Order: In order to protect the alleged victim, police officers have the option to contact a judge after the arrest and request an emergency protective order. These can go into effect right away, forcing you out of your home and away from the supposed victim for up to 5 court days or 7 calendar days, whichever is sooner.
- Police Interview: Police may try to question you in custody. Plead your right to remain silent and request to speak with your lawyer.
- Bail and Release: Bail usually starts from the county bail schedule. For many domestic violence charges, including PC 273.5, stalking, and felony criminal threats, a judge must hold a hearing in open court before setting bail above or below the schedule or releasing you on your own recognizance (PC § 1270.1). This gives your lawyer an opportunity to fight for lower bail, or even release 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. A prosecutor will evaluate the evidence for what they suspect occurred and what they think they'll be able to prove. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- Trial Preparation: Before a trial, your defense attorney will review the evidence, file motions where applicable, and try to negotiate a favorable plea deal.
- Trial: Most criminal cases in Calabasas end before reaching the trial stage, but you have the right for your case to be argued in front of a jury.
Can You Go Home After a Domestic Violence Arrest?
Depending on court orders, you will have to wait. An emergency protective order can require you to move out immediately, and the criminal protective order issued at arraignment frequently orders you to stay away from the alleged victim and the shared home for as long as the case is open. Even in cases where the alleged victim reaches out to you, it's often illegal for you to respond or go to meet them.
Breaking a protective order, regardless of whether they asked you to or not, can lead to additional criminal charges. Instead of taking the risk by visiting the alleged victim in violation of your order, you should ask your defense attorney about options like a "peaceful contact" order that would lighten the restrictions.
Domestic Violence, Restraining Orders, and Custody
A domestic violence accusation in Calabasas, CA, isn't just a criminal charge. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.
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: Issued by the criminal court, usually at arraignment and at the prosecutor's request. They last while the case is pending, and after a domestic violence conviction the judge can issue one for up to 10 years (PC § 136.2).
- 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
A domestic violence charge, even without a conviction, can seriously impact a child custody case. Family Code § 3044 instructs family court officials to automatically presume that giving custody to a parent who recently committed domestic violence is not in the child's best interest. Here are some key distinctions:
- The family court will make its own determination, rather than relying on criminal court outcomes.
- In addition to current and former romantic partners, the court will also look at possible violence committed against children in the relationship.
- A previously issued DVRO can be used as justification for denying custody.
Your attorney should be someone familiar with these aspects of family court in addition to the ins and outs of criminal court.
These cases are challenging, but there are things you can do to position yourself for success. The judge will consider:
- 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
- The recency of the alleged incident
A parent subject to the presumption usually still has visitation, though it may be supervised or restricted. When there are only allegations and no finding, the presumption doesn't apply. The judge decides custody based on the child's best interest, and if the judge gives custody to a parent who has been accused of abuse, the judge must explain the reasons on the record.
Domestic Violence Penalties in Calabasas, CA
Learn about the potential penalties that a domestic violence conviction in Calabasas, 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 incarceration ranges and fines can be increased by aggravating factors. 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 Calabasas, CA, domestic violence defense lawyer.
Domestic Violence Probation
California judges follow a legal framework to help them decide on probation requirements in criminal cases. Normally, they have some leeway, but PC § 1203.097 sets some mandatory terms in domestic violence cases:
- 36 months or more of probation
- The issuance of a restraining order in defense of the alleged victim
- Completion of a 52-week batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- 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 Calabasas, CA, domestic violence conviction can lead to the following:
- Loss of Second Amendment Rights: The different types of domestic violence convictions lead to different types of firearm bans:
- Domestic Battery (Misdemeanor): 10-Year California ban, lifetime federal ban
- Corporal Injury (Misdemeanor): Lifetime California ban (if convicted on or after January 1, 2019), lifetime federal ban
- Corporal Injury (Felony): Lifetime California and federal 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 can trigger the Family Code § 3044 presumption against custody.
- Long-Term Protective Orders: If the court and/or alleged victim choose to pursue restraining orders, you could be subject to them for years, or even permanently.
- Employment and Licensing: If a conviction appears in background checks, it can become a hurdle to future job applications.
- Relationships and Reputation: Your current relationship will likely be strained, and future potential partners may avoid you if they find out about your conviction.
Domestic Violence Charges and Immigration
Immigrants and non-U.S. citizens face additional challenges on top of criminal penalties. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- Any conviction that fits the federal criteria for domestic violence
- Violention of a DVRO or similar protection order, if found by the court
Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. Each immigration case should be treated as unique, as the specifics of your criminal conviction can affect how immigration court treats you.
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 Calabasas, 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
The right defense attorney will help you explore diversion and early intervention options that protect your record. Here are some of the ways our lawyers can help clients avoid jail time and/or protect their record against domestic violence charges:
- Pre-Filing Intervention: Before charges are filed, your attorney can present evidence to the prosecutor and argue that the case shouldn't be filed at all, or should be filed as a lesser charge.
- 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): If you are a current or past member of the United States armed forces, and were charged with a misdemeanor, military treatment court may offer a problem-solving focus, rather than a punishment focus.
- Reduction to a Misdemeanor (PC § 17(b)): A felony PC 273.5 conviction can be reduced to a misdemeanor, either at sentencing or after probation.
- 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, their words can still be used against you:
- The state can move forward with the case regardless of the alleged victim's wishes. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- Your history may be used against you. Evidence Code § 1109 allows prosecutors to introduce evidence of other alleged acts of domestic violence, generally from the past 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)).
- Victims can't be jailed for refusing to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
Be Careful: 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 present the alleged victim's account, challenge the use of out-of-court statements, and use inconsistencies in the evidence to your advantage.
Defense Strategies Your Domestic Violence Attorney May Use
The defense to your criminal charges may be built on a common strategy, but it should be tailored to your unique circumstances. Some cases are best defended using procedural errors, like pointing out rights violations. Others may depend on an alibi that shows you weren't there at the time. 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: This is particularly pertinent in cases involving child custody — it's possible the accusations were made in bad faith. 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: PC § 243(e)(1) and PC § 273.5 both require an intent aspect for a conviction. One defense option to explore is whether or not the injury was caused by accident.
- No Traumatic Condition: This defense is specific to inflicting corporal injury charges — if no injury occurred as a result of the alleged attack, the charges can be reduced or dismissed.
- 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: In some cases, rather than building a proactive defense, our attorneys challenge the prosecution's evidence and show that they failed to provide proof beyond a reasonable doubt.
- Alibi: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- 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 in Calabasas, CA
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:
- Confidential Consult: Before building your defense, we offer a free review of the charges against you.
- Release and Protective Orders: We work to get you released and, where appropriate, ask the court to modify protective orders so you can return home or see your children.
- Guidance During Questioning: 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: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: Our firm can talk to the Calabasas district attorney and explore plea deal options.
- Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
- Sentencing Advocacy and Appeals: Nobody wants their case to end in a conviction, but trials don't always go according to plan. If convicted, we're available to help you advocate for a lower sentence and file appeals.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Calabasas, CA
The Law Offices of David S. Chesley has defended Calabasas, CA, residents against domestic violence charges since 2005. We've been judges, prosecutors, and police officers, and we know where common weaknesses are in the state's cases.
When you work with us, you're getting:
- Former prosecutors on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
- Combination criminal defense and immigration services, so that you can get tailored advice on how your charges will affect your immigration status.
- Emergency availability, because domestic violence arrests rarely happen during business hours.
- Reputation for delivering. Read about our recent case results, including domestic violence cases.
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.
Calabasas, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Calabasas, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. Probation is a common outcome for first-time offenders when there was no major injury. Some of the conditions of domestic violence probation are: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a restraining order. Always discuss your case with an attorney to find realistic plea deal options.
Is domestic violence a felony in Calabasas, CA?
That depends on what the Calabasas prosecutor chooses to charge in your case. While domestic battery can only be charged as a misdemeanor, inflicting corporal injury could be either a misdemeanor or a felony. 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)) only requires a willful, harmful or offensive touching of a current or former intimate partner. No injury is needed. Corporal injury (PC 273.5) requires that the touching caused a "traumatic condition," meaning any wound or injury, however minor, including injury from strangulation. Because of that injury requirement, corporal injury is the more serious charge and can be filed as a felony.
Can the victim drop domestic violence charges in Calabasas, CA?
No. Regardless of what the supposed victim wants, only the prosecutor can drop the charges. It's always helpful to have the victim recant, as that can give your defense attorney a way to challenge the prosecution's case.
Can police arrest me for domestic violence if nobody is hurt?
Yes. Police only need probable cause to believe a crime occurred, and domestic battery does not require any injury. California law also allows officers to make a warrantless arrest for misdemeanor domestic violence even if they did not see the incident happen..
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). Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.
What diversion options are available for a domestic violence charge in Calabasas, CA?
Typically, diversion is not an option in Calabasas 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 Calabasas, CA?
Typically, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.
Will a domestic violence conviction take away my gun rights?
Outside of special circumstances, yes. Typically, a misdemeanor conviction does not result in a firearms ban, but domestic violence charges are an exception. Due to the elevated risk factors firearms pose in domestic violence situations, both the California State and U.S. Federal governments have imposed harsh restrictions on firearm ownership for domestic violence offenders. Any domestic violence conviction will result in a lifetime federal firearms ban. California's state laws depend on the specifics of your case: A misdemeanor PC § 243(e)(1) conviction is only a 10-year California firearm ban, while a misdemeanor PC 273.5 conviction on or after January 1, 2019 is a lifetime California ban, as is any felony conviction. 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 Calabasas, CA?
The actual timeline depends on the specifics of your case — a general range is from a few months to a year or more. If you've just been accused and arrested, you must generally be arraigned within 48 hours, not counting Sundays and holidays. After being charged, the majority of Calabasas criminal cases end in plea deals, but that can still take a long time to process — discovery, investigation, pre-trial motions, preliminary hearings, plea negotiations, and more can all drag a case out for months. If you do end up going to trial, this will further drag out your case.
Can a felony corporal injury charge be reduced to a misdemeanor?
Yes. Because PC 273.5 is 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, even if the alleged victim recants. Most domestic violence cases include restraining orders against the alleged offender, and even if the alleged victim invites you over, you can face consequences for breaking the conditions. Your defense lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.
The Law Offices of David S. Chesley: Experienced Domestic Violence Defense in Calabasas, CA
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.
The Law Offices of David S. Chesley also offers the following legal services in Calabasas, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to us at (800) 755-5174 or contact us online to plan a free, confidential review of the charges against you with a domestic violence lawyer in Calabasas, CA.
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