A domestic violence arrest in Costa Mesa, 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 Costa Mesa, CA, criminal defense attorney to protect your rights.
The two most common domestic violence charges in Costa Mesa are domestic battery and corporal injury on a spouse or cohabitant. But these aren't like regular assault or battery charges — even if you didn't harm the other person, you are up against serious consequences like deportation.
Our domestic violence defense team will defend your rights and challenge the prosecution's narrative. We will listen to your story, build a defense around it, and keep you informed about updates to your case — and we're ready to get started today.
If You Were Just Arrested, Do This Now:
- Invoke your right to remain silent.
- Reach out to a lawyer (you can reach us by phone around the clock): (800) 755-5174.
- Obey any protective order, and don't contact the alleged victim.
On this page:
- An outline of the key domestic violence statutes in Costa Mesa, CA
- What to do if you're accused
- What to expect if you're arrested for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Possible formal and collateral consequences of a domestic violence conviction
- The intersection between domestic violence charges and immigration law
- Strategies to mitigate the penalties
- What to be aware of if the supposed victim does not want to testify
- Different ways our lawyers may defend your case
- How our attorneys handle domestic violence cases
- Why you should work with us as your domestic violence lawyers
- FAQs
If you've been accused of domestic violence, don't wait. Call our criminal defense lawyers at (800) 755-5174 or use our contact form now for a free, confidential case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Costa Mesa, CA, Define Domestic Violence?
If you're accused of a domestic violence charge in Costa Mesa, you should review California Penal Code § 13700. This sets who can count as a domestic violence victim in California: "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 no-contact orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
There are three main elements the prosecution will attempt to prove in your Costa Mesa, CA, domestic violence case:
- You made physical contact with the alleged victim, causing harm or offense (and, if charged under PC § 273.5, that the touching resulted in injury);
- There were no extenuating circumstances like self-defense; AND
- The alleged victim is someone you currently or formerly had a romantic relationship with, and/or live(d) with.
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: Willfully inflicting an injury on a current or former partner that results in a "traumatic condition": 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?
The line between the two charges is injury. A push that leaves no mark is typically charged as domestic battery, a misdemeanor. The same push that leaves a bruise, scratch, or swelling can be charged as corporal injury, a potential felony. Prosecutors also commonly file PC 273.5 when there's any allegation of choking or strangulation, even when marks are hard to see. That's one reason early investigation of the medical evidence matters.
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): 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): Attemping to prevent a witness or alleged victim from informing the authorities about a crime or from testifying
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone—in a domestic violence case, this could be allegedly keeping the supposed victim from calling for help.
- False Imprisonment (PC § 236): Restraining someone or keeping them from leaving, such as blocking a doorway.
- 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): Making a person afraid of you by following them and threatening them.
- Restraining Order Violations (PC § 273.6): Violating the terms of a court-issued protective or restraining order.
- Child Abuse (PC § 273d): Intionally harming and causing injury to a child.
- Elder Abuse (PC § 368): Abusing or neglecting someone 65 or older, or a dependent adult, such as an elderly parent.
- Sexual Battery (PC § 243.4): Touching an intimate part of another person against their will for sexual arousal, gratification, or abuse.
- 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 Costa Mesa, 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.
- Ask for a lawyer, and don't answer questions until you have one.
- Do what you can to secure pretrial release.
- If you were issued a restraining order, follow every rules.
- Gather any evidence that is relevant to your case — don't delete anything, as you could be charged with obstruction of justice.
- 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. Call us today, whatever charges you're facing: (800) 755-5174.
Costa Mesa's coastal lifestyle and high-density neighborhoods near the South Coast Plaza create pressures that can lead to domestic violence allegations in apartment complexes along Bristol Street. The Law Offices of David S. Chesley appear at the Harbor Justice Center in Newport Beach, applying strategies informed by Orange County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Costa Mesa, CA?
Don't underestimate the justice system. These are the steps you'll typically take after an arrest in Costa Mesa, CA:
- Arrest: After a domestic violence call, an officer who arrives on scene will evaluate the situation and can make an arrest based on probable cause. This does not mean they have to have witnessed the alleged attack — they can make an arrest just for suspecting that an attack took place (PC § 836(d)).
- Booking: You'll be fingerprinted, photographed, and processed into jail.
- Emergency Protective Order: In many domestic violence cases, the state will elect to file an emergency protective order against the alleged offender after the arrest. This is not guaranteed, but can have major repercussions, potentially forcing you out of your home for a week.
- Police Interview: Police may try to question you in custody. Politely decline to speak without an attorney.
- Bail and Release: Many domestic violence charges mandate that there is a bail hearing before you are released. 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. This will be based on the police report and any corroborating evidence. 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. At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- Trial Preparation: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
- Trial: Most criminal cases in Costa Mesa 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?
In many Costa Mesa, CA, domestic violence cases, not right away. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. That's true even if the alleged victim wants you back. Breaking a protective order, even with their consent, can have a major, negative impact on your case. 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
A domestic violence accusation in Costa Mesa, 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: 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: 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): It's difficult to fight a criminal protective order, but arguable even harder to fight a DVRO. These are filed in family court, not in criminal court, and are defined in Family Code § 6345. The key thing for you to be aware of is the initial hearing, which typically occurs about three weeks after the incident and initial filing. You may not be given notice of this order, making it even harder to fight. If granted, these orders can last up to 5 years on an initial run, and a further 5 years (or even lifetime) if renewed.
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.
The presumption can be overcome. The court 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, as applicable
- Completion of a parenting class
- Compliance with probation and any protective orders
- How long ago the incident supposedly happened
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 Costa Mesa, CA
Without your Costa Mesa, CA, domestic violence defense attorney, you are facing serious charges. The table below lists what you could face after a conviction of domestic battery, corporal injury, and related offenses in California.
| 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. Talk with your Costa Mesa, CA, domestic violence attorney about the penalties you are actually facing.
Domestic Violence Probation
Many domestic violence convictions end in probation instead of jail, but PC § 1203.097 sets mandatory terms, including:
- At least 36 months of probation
- The issuance of a restraining order in defense of the alleged victim
- Completion of a year-long batterer's intervention program
- Generally, a $500 payment to domestic violence programs is required, but the court can waive it in cases where the alleged offender cannot pay
- Community service
- Loss of any guns
- No new law violations
California's 2021 law capping most probation terms at one or two years (AB 1950) does not shorten domestic violence probation, because the domestic violence probation statute sets its own length.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Costa Mesa, 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: Family court will not look favorably upon your conviction.
- 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: If a conviction appears in background checks, it can become a hurdle to future job applications.
- Relationships and Reputation: A conviction can strain your current relationship and follow you socially and professionally.
Domestic Violence Charges and Immigration
Even just an accusation of domestic violence can be seriously damaging for non-U.S. citizens, if a restraining order was issued. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- A conviction for a crime of domestic violence, as defined in U.S. federal law
- Violention of a DVRO or similar protection order, if found by the court
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. While some charges are typically treated more lightly than others (for example, domestic battery often results in less serious consequences than inflicting corporal injury), this is not guaranteed, and can depend on the specific facts surrounding your case.
Because our firm practices both criminal defense and immigration law, our criminal defense team and Costa Mesa, CA, immigration attorneys can work together to pursue a resolution that protects your status where possible. Never accept a plea in a domestic violence case without immigration advice. If you're already facing removal, learn about cancellation of removal.
Diversion, Reductions, and Clearing Your Record
Diversion options for domestic violence look different than with standard California criminal charges. PC § 1001.95 offers standard misdemeanor conversion, but this does not apply to domestic violence cases. Instead, you can explore the following:
- Pre-Filing Intervention: If we can participate in a pre-filing investigation conference, we'll argue for charges to not be filed and/or be reduced.
- 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)): Inflicting corporal injury can be charged as either a felony or a misdemeanor — your attorney can bargain for a reduction with the prosecutor, argue for misdemeanor status at sentencing, or petition for reduction after the completion of probation.
- Expungement (PC § 1203.4): After you complete probation, you can generally petition to dismiss the conviction. Expungement helps with most private employers, but it doesn't restore gun rights and doesn't erase the conviction for immigration purposes.
What if the Alleged Victim Wants to Drop Charges?
Your case may have started with the alleged victim calling the police and making a report against you in the heat of the moment. If emotions cooled down, they may realize they made a mistake and ask to take back their accusations. When this happens, it is a major benefit to the defense, you're still facing an uphill battle:
- The state can move forward with the case regardless of the alleged victim's wishes. 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.
- 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.
- Your spouse may be forced to testify against you. A married couple ordinarily is immune to compelled testimony against the other, but California law makes an exception in domestic violence cases.
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 collect the recantation from the victim, challenge the use of out-of-court statements, and highlight any contradictions and/or inconsistencies.
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 by challenging how the evidence was gathered. Others hinge on actual innocence, such as a false accusation. And others admit that harm was caused, but attack the intent aspect.
The following list goes over some popular defense strategies your Costa Mesa domestic violence defense attorney may use:
- False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. Your defense attorney should consider the potential motives of the accusor.
- 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: 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: The alleged victim can't drop the charges, but a recantation can weaken the prosecution's case and support a dismissal or a better plea offer.
- Reasonable Doubt: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge 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: 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:
- Confidential Consult: Everything starts with a free, confidential case review.
- Bail and Protective Orders: If you are not offered release by the court, we'll argue for lower bail and challenge any protective orders.
- Interview Management: If police want to question you, we'll handle that contact 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: After reviewing the evidence, we'll build a defense strategy tailored to your case.
- 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 Costa Mesa 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: We don't stop after the trial — if convicted, we'll advocate for a lower sentence and help you explore appeal options.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Costa Mesa, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your Costa Mesa, CA, domestic violence case. When you need a defense attorney in Costa Mesa, we're ready to take your case.
When you work with us, you're getting:
- Former prosecutors on our team that can draw on their experience on the other side of the courtroom.
- 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.
- History of success. 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.
Prior results do not guarantee a similar outcome.
Costa Mesa, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Costa Mesa, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. If your case is charged as a misdemeanor, there's a good chance you can secure probation instead of jail time. 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 protective order. Always discuss your case with an attorney to find realistic plea deal options.
Is domestic violence a felony in Costa Mesa, CA?
That depends on what the Costa Mesa prosecutor chooses to charge in your case. Prosecutors in Costa Mesa have discretion to charge PC 273.5 as a misdemeanor or a felony, mostly due to circumstance and criminal record. PC 243(e)(1) is always a misdemeanor, though. Related charges such as criminal threats, stalking, and dissuading a witness can also be charged as either a misdemeanor or a felony.
What is the difference between domestic battery (PC 243(e)(1)) and corporal injury (PC 273.5)?
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 Costa Mesa, CA?
No. Even if the alleged victim recants, only the prosecutor can drop the charges. In Costa Mesa, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. While it's helpful to have the alleged victim change their mind, this is only a part of a successful defense.
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.
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 Costa Mesa, CA?
In California, many misdemeanor charges qualify for diversion (where instead of going to jail, the accused individual fulfils special requirements before having the case dismissed) under PC 1001.95, but domestic violence is an exception. These types of charges are specifically excluded from PC 1001.95. That said, depending on your background and circumstances, you might have other options. For example, PC 1001.80 provides current and former U.S. military personnel a diversion option for certain offenses (including some domestic violence charges), if they are suffering from specific, often service-related, challenges. These can be great options for eligible individuals, who can avoid a domestic violence conviction on their record.
Can a domestic violence conviction be expunged in Costa Mesa, CA?
Usually, 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.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
Very likely. Both the state of California and the federal government have legal bans in place for firearm ownership when someone has been convicted of domestic violence: In California, domestic battery convictions carry a 10-year firearm ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions carry a lifetime ban in the state. For the federal government, any domestic violence conviction carries a lifetime firearms ban. Important Note: Always assume that federal law takes precedence over state law in these cases, as they are more restrictive. 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 Costa Mesa, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. If you are in custody, the state has 48 hours to either charge you with a crime or release you (excluding 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 in Costa Mesa?
Yes. Because a corporal injury charge 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.
The Law Offices of David S. Chesley: Experienced Domestic Violence Defense in Costa Mesa, CA
We are prepared to fight against domestic violence charges in Costa Mesa — whatever you've been accused of, you shouldn't have to go through this process alone.
We also aid with the following legal services in Costa Mesa, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Call an attorney at (800) 755-5174 or send us a message to plan a no-strings attached consult with a domestic violence lawyer in Costa Mesa, CA.
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