A domestic violence arrest in Cerritos, CA, can turn your world upside down. You could lose your relationship, your career, and your freedom. It doesn't matter how it happened. You need an expert Cerritos, CA, criminal defense attorney to protect your rights.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In Cerritos, CA, it's usually charged as domestic battery or corporal injury on a spouse or cohabitant, and the penalties range from probation and a year-long class to years in state prison.
Our 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.
Protect Yourself by Taking These Three Steps:
- Respectfully refuse to answer questions and request an attorney.
- Call our office (phone lines available around the clock): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- An outline of the key domestic violence statutes in Cerritos, CA
- Important steps to take if you've been accused of domestic violence in Cerritos, CA
- The post-arrest process for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Penalties, probation, and collateral consequences
- Immigration consequences for noncitizens
- Diversion, reductions, and expungement
- What happens if the alleged victim doesn't cooperate
- Defense strategies
- How our defense process works
- What sets our lawyers apart
- FAQs
If you're facing domestic violence allegations, don't wait. Talk to our criminal defense lawyers at (800) 755-5174 or use our contact form today for a free, confidential case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Is a Domestic Violence Charge in Cerritos?
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 no-contact orders, Family Code § 6211 is the key statute to keep in mind. It also includes immediate family members and grandparents. 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.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You willfully touched the alleged victim in a harmful or offensive way (and, specifically for inflicting corporal injury on a spouse or cohabitant, that the contact 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: Touching a current or former spouse, dating partner, or cohabitant, or a coparent, in a hurtful way (including offensively — it doesn't matter whether or not any injury was caused.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Purposely hurting a current or former romantic partner that causes a particular physical injury—examples include sprains and concussions.
- Misdemeanor or Felony: Wobbler (can be charged either way)
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 Cerritos defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed With Domestic Violence
In Cerritos, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:
- Criminal Threats (PC § 422): Scaring someone by indicating that you intend to cause them harm. This can count as a strike if charged as a felony.
- Dissuading a Witness (PC § 136.1): Any form of action taken to prevent someone from reporting a crime or helping the state's case
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or breaking a cell phone to keep someone from calling for help.
- False Imprisonment (PC § 236): Keeping another person from exiting a location.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): Using a weapon, or massive force, in an attack that could seriously hurt another person.
- Stalking (PC § 646.9): Making a person afraid of you by following them and threatening them.
- 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)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
Your Next Steps After a Cerritos, CA, Domestic Violence Accusation
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Ask for a lawyer, and don't answer questions until you have one.
- 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 interact with the supposed victim — if they reach out to you, ask your lawyer how to respond.
Mistakes can cost you your freedom, but following these steps can protect it. Call us today, whatever charges you're facing: (800) 755-5174.
Cerritos' diverse communities and high-density neighborhoods near the Cerritos College create pressures that can lead to domestic violence allegations in areas like the South Street corridor. The Law Offices of David S. Chesley appear at the Southeast District Courthouse in Long Beach, applying strategies tailored to Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Cerritos, CA?
Don't underestimate the justice system. Here's what you need to be prepared for after an arrest in Cerritos, CA:
- Arrest: An arrest isn't guaranteed after a domestic violence call, but they often occur. According to PC § 836(d), an officer does not need to witness a domestic violence incident in order to have probable cause to make an arrest. Additionally, PC § 13701 guides them to arrest the "dominant aggressor" in cases where both parties claim the other attacked them.
- 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.
- Police Interview: There aren't always interrogations, but you should be prepared for one. 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 the police make an arrest, they aren't the ones that charge you. The decision on what to charge rests with the prosecutor. California guidelines require the state to either formally charge you or release you within 48 hours in most cases (not counting Sundays and holidays), according to PC § 825. In addition to hearing the charges, it's common for judges to issue a protective order against you in domestic violence arraignments.
- Pretrial Stage: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
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. That's true even if the alleged victim wants you back. Breaking a protective order, even with their consent, can result in 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 Cerritos, CA, isn't just a criminal charge. 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: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
- Criminal Protective Orders: California criminal protective orders are described in PC § 136.2. For domestic violence cases, they can last through the entire pretrial process and be extended for another 10 years after a conviction.
- Domestic Violence Restraining Orders (DVROs): In contrast to criminal protective orders, a DVRO can be issued by a family court judge. These can be difficult to fight because you may not be given notice of the initial order, and if granted, they can last for up to 5 years, then later be renewed for another 5 years or for life (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.
These cases are challenging, but there are things you can do to position yourself for success. The judge 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
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 Cerritos, CA
A domestic violence conviction can result in major fines and jail time. Below, we've pulled together the penalties for the most common domestic violence and related charges in Cerritos, CA.
| 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. Always consult with your Cerritos, CA, domestic violence attorney to understand the possible penalties for your case.
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:
- At least 36 months 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
- Surrender of firearms
- No new law violations
Special note: While AB 1950 set a maximum general probation term at two years, domestic violence cases are an exception, due to their probation requirements being set in a separate statute.
Collateral Consequences of a Domestic Violence Conviction
On top of the criminal penalties, a domestic violence conviction in Cerritos, CA, can lead to:
- Loss of Second Amendment Rights: A misdemeanor domestic battery conviction brings a 10-year California firearm ban (PC § 29805) and a lifetime federal ban (18 U.S.C. § 922(g)(9)). A misdemeanor PC 273.5 conviction on or after January 1, 2019, is a lifetime ban under California law, and any felony is a lifetime ban.
- Immigration Consequences: Domestic violence convictions can count as a crime of moral turpitude, leading to deportation. See the immigration section below.
- Custody: Family court will not look favorably upon your conviction.
- 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: A conviction appears on background checks and can affect professional licenses, security clearances, and jobs working with children or vulnerable adults.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. If either of the following are true, you could face deportation (INA § 237(a)(2)(E)):
- A conviction for a "crime of domestic violence" (a crime of violence against a current or former spouse, partner, co-parent or similar protected person)
- A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)
Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. 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.
Don't settle for a plea deal without speaking to an experienced Cerritos, CA, immigration lawyer. This can end up as a conviction on your record, leading to immigration consequences and possibly even deportation. Our firm is prepared to help you fight this and file for cancellation of removal.
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: 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): 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)): 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 Doesn't Want to Testify?
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. If they can, they'll build a case against you using other evidence besides the alleged victim's testimony. Your defense attorney can challenge the constitutional viability of any related evidence they attempt to use.
- Your record can be examined. 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).
- Spousal privilege doesn't apply. While your spouse typically can refuse to testify against you in criminal court, Evidence Code § 972(e) makes an exception for domestic violence cases.
- Victims can't be held in contempt if they refuse to testify. While in typical circumstances, a witness can be sent to jail for refusing to testify under Penal Code § 166, California Evidence Code § 1219 creates a special exception for domestic violence cases.
Important Note: 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, challenge the use of out-of-court statements, and build a case that attacks the weaknesses in the prosecution's argument.
Defense Strategies Your Domestic Violence Attorney May Use
Your defense team knows that every case is unique, and your defense should be, too. 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. And others concede that someone was hurt but dispute intent or who started it.
The following list goes over some popular defense strategies your Cerritos domestic violence defense attorney may use:
- False Accusation: Some domestic violence charges arise from false accusations, often during a breakup or custody dispute. We investigate the accuser's motives and challenge their credibility.
- Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- Dominant Aggressor: Related to self-defense, if you fought back and both of you ended up injured, your attorney can argue that the other party was the dominant aggressor.
- Lack of Intent or Accident: In some cases, the alleged offender accidentally hurt the alleged victim. This typically does not reach the bar of "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: In the eyes of the law, you are guilty until proven innocent. If the prosecution fails to prove your guilt beyond a reasonable doubt, your defense attorney should highlight this.
- Alibi: When available, an alibi shows you could not have committed the alleged offense.
- Constitutional Violations: If police violated your rights during the investigation, we challenge the evidence and file motions to suppress it.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
The Law Offices of David S. Chesley specializes in criminal defense and has extensive experience fighting domestic violence charges. This is what you can expect for your case:
- Initial Consult: Before building your defense, we offer a free review of the charges against you.
- Release 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.
- Defense Against Interrogations: 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 Cerritos prosecutors to negotiate positive plea deals on your behalf.
- Trial Representation: Most cases end in a plea bargain, but you have the right to a trial — if you exercise it, we'll go to court with you.
- 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 Cerritos, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your Cerritos, CA, domestic violence case. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
Our Cerritos defense team can offer you:
- Former district attorneys on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
- Criminal defense and immigration under one roof, so that you can get tailored advice on how your charges will affect your immigration status.
- Available 24/7, because domestic violence arrests rarely happen during business hours.
- History of success. Our former clients can attest to our dedication to protecting their rights.
In a previous case, our client was accused of violating a domestic violence restraining order for visiting his wife's residence when he was not supposed to. We negotiated a plea that kept him out of jail.
Every case is unique — examples used above are not necessarily representative of future case results.
Cerritos, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Cerritos, CA?
Not automatically. If your case is charged as a misdemeanor, there's a good chance you can secure probation instead of jail time. If you are given probation, it will include several terms, including the following: 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.
Is a domestic violence conviction in Cerritos, CA, a felony?
Whether or not a domestic violence conviction is a felony depends on the exact charge. 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 (PC 243(e)(1)) and corporal injury (PC 273.5)?
Domestic battery (PC 243(e)(1)) includes any attempt to hurt or offend someone through touching, if that person is a current or former romantic partner. The attempt does not need to be successful. Corporal injury (PC 273.5) is different in that the touching resulted in a traumatic injury, such as a bruise. It is also different in that it can be charged as a felony, at the prosecutor's discretion.
Can the victim drop domestic violence charges in Cerritos, 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. 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..
Can I go home after 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. According to 8 U.S. Code § 1227, noncitizens convicted of domestic violence, stalking, child abuse, and/or violation of a restraining order are eligible for deportation. The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.
Can I get diversion for a domestic violence charge in Cerritos, CA?
Typically, diversion is not an option in Cerritos domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). However, there are other diversion tracks that you might be able to make use of. One example is PC 1001.36 mental health diversion — if you suffer from a mental health condition like PTSD or bipolar disorder, and that significantly contributed to the commission of the offense, you might be eligible for this diversion track. Ask your lawyer if you qualify for either of these diversion tracks.
Can a domestic violence conviction be expunged in Cerritos, CA?
Typically, yes. But it may look different depending on what you were charged with. A misdemeanor conviction is typically eligible for dismissal after the completion of probation, while felony corporal injury convictions can often be reduced to a misdemeanor. 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. Domestic violence restraining orders and protective orders also require you to give up your firearms while they are in effect.
How long does a domestic violence case take in Cerritos, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. If you've just been accused and arrested, the state has 48 hours to either charge you with a crime or release you (excluding Sundays and holidays). After being charged, the majority of Cerritos 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 pc 273.5 charge be reduced to a misdemeanor in Cerritos, CA?
Yes. Because PC 273.5 is a wobbler, the state can charge it as either a misdemeanor or a felony. Your defense attorney can also advocate for reducing the charge, both with the prosecutor and with the judge.
What should I do if I'm served with a restraining order while my criminal case is pending?
Strictly obey every condition, even if the supposed victim changes their mind. Most domestic violence cases include restraining orders against the alleged offender, and a violation can bring new charges and hurt your criminal case. Your defense lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.
Talk to a Cerritos, CA, Domestic Violence Defense Lawyer Now
It's normal to feel intimidated or overwhelmed when facing criminal charges, especially for domestic violence. But you don't have to face them alone. The Law Offices of David S. Chesley can help.
The Law Offices of David S. Chesley also offers the following legal services in Cerritos, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact one of our team members at (800) 755-5174 or send us a message to schedule a free case review with a domestic violence lawyer in Cerritos, CA.
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