In Del Mar, CA, the alleged victim can't drop a domestic violence case. Once police make an arrest, the prosecutor decides whether to file charges, and a single 911 call can lead to a protective order that keeps you out of your own home and a case that follows you for years. Whether it was a misunderstanding, an exaggeration, or a false accusation, you need a Del Mar, CA, criminal defense lawyer on your side right away.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In Del Mar, 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 Del Mar 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:
- Respectfully refuse to answer questions and request an attorney.
- Reach out to a lawyer (you can reach us by phone 24/7): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- How domestic violence is defined
- How to handle accusations
- The post-arrest process 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
- Diversion, reductions, and expungement
- How prosecutors handle uncooperative alleged victims
- Defense strategies
- How our defense process works
- Why our law firm is ready to be your domestic violence defense attorney
- Frequently asked questions
If you've been accused of domestic violence, don't wait. Contact our criminal defense lawyers at (800) 755-5174 or use our contact form at any time for a no-strings consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Is a Domestic Violence Charge in Del Mar?
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 restraining orders, you need to be aware of Family Code § 6211. It extends the definition to include parents, grandparents, children, and siblings This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
There are three main things that the prosecution must prove in order for you to be convicted:
- You intentionally and aggressively touched the alleged victim (and, if charged under PC § 273.5, that the contact resulted in injury);
- There were no extenuating circumstances like self-defense; 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: 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: Intentionally causing a "traumatic condition" to a current or former romantic partner—examples include sprains and concussions.
- Misdemeanor or Felony: Wobbler (can be charged either way)
The Key Distinction: 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 Del Mar defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed Alongside Domestic Violence
In addition to a domestic violence charge, you could face any of the below related violent crime charges:
- Criminal Threats (PC § 422): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. If convicted as a felony, this falls under California's three strikes law.
- Dissuading a Witness (PC § 136.1): Taking steps to stop a person from reporting a crime, helping investigators, or testifying in court
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or breaking a cell phone—in a domestic violence case, this could be allegedly keeping the supposed victim 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): 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): Either hurting an elderly person/dependent adult, leaving them in a harmful situation, or committing fraud against them.
- Sexual Battery (PC § 243.4): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
- 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 Del Mar, 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.
- Exercise your sixth amendment right to an attorney.
- Request bail and/or release without bail.
- 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.
- Don't hold back when speaking with your defense attorney — they need to know the full story.
- 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. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
Del Mar's affluent coastal lifestyle and high-end real estate near the Del Mar Racetrack create pressures that can lead to domestic violence allegations in luxury multi-unit housing along Camino del Mar. The Law Offices of David S. Chesley appear at the San Diego Superior Court, North County Division, applying strategies tailored to San Diego County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Del Mar, CA?
Many people don't know what to expect after being arrested for domestic violence. Here's what you need to be prepared for after police show up in Del Mar, 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: During booking, the jail will take down your basic information, collect your things, and fingerprint you.
- 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.
- Interrogation: 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: 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 you're in custody, the police report is sent to the district attorney's office for review. 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.
- Trial: Most criminal cases in Del Mar 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 release conditions, you may not be allowed back in your home. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. It doesn't matter if the alleged victim recants.
Violating the order, regardless of whether they asked you to or not, can result in additional criminal charges. Your attorney can ask the judge to modify the order, for example to a "peaceful contact" order that allows you to return home or co-parent as long as there's no harassment or violence.
Domestic Violence, Restraining Orders, and Custody
A domestic violence accusation in Del Mar, 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
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- 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): 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
Domestic violence findings can reshape a child custody case. Under Family Code § 3044, if a family court finds that a parent committed domestic violence against the other parent, the child, or the child's siblings within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest. No criminal conviction is required. A finding in family court, including one made when a DVRO is granted, can trigger the presumption.
You're fighting an uphill battle, but it's not impossible. The court will weigh factors such as:
- Whether giving that parent custody is in the child's best interest
- 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
- Whether there have been any further acts of domestic violence
If the family court does not decide to remove the custody of the parent who's been accused of domestic violence, they must issue a statement explaining why they are granting custody to that parent.
Domestic Violence Penalties in Del Mar, 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 Del Mar, 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 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. Talk with your Del Mar, CA, domestic violence attorney about the penalties you are actually facing.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- A minimum period of 3 years
- A criminal protective order protecting the alleged victim
- Completion of a 52-week 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
- Removal 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
Here are of the potential collateral consequences for a domestic violence conviction in Del Mar:
- Loss of Gun Rights: A conviction of either domestic battery or corporal injury leads to a loss of firearms rights. Misdemeanor domestic battery convictions are a permanent federal ban and a 10-year California ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions result in a lifetime ban.
- Immigration Consequences: You could face removal, denial of a green card, and/or rejection of citizenship applications. Learn more in the immigration section below.
- Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
- 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: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
Immigrants and non-U.S. citizens face additional challenges on top of criminal penalties. Under federal immigration law (INA § 237(a)(2)(E)), two things can make a noncitizen deportable:
- Any conviction that fits the federal criteria for domestic violence
- A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.
Don't settle for a plea deal without speaking to an experienced Del Mar, 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
A domestic violence arrest doesn't have to end in a permanent conviction. Standard misdemeanor diversion under PC § 1001.95 is not available because the law expressly excludes domestic violence and stalking charges. But depending on your case, other options may include:
- Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- Mental Health Diversion (PC § 1001.36): Mental health diversion is an option if you have a qualifying mental health condition that contributed to your behavior. By participating in a treatment program, you can secure a dismissal of all charges.
- 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): 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, but it will take more to beat the charges:
- Prosecutors can sometimes proceed without the alleged victim. 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.
- Prior incidents can come in. 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. 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 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: NEVER reach out to the alleged victim in your domestic violence case. This could be construed as intimidation, regardless of your intentions. If they do want to recant, tell your defense lawyer, who can help take their statement. Your attorney can lawfully collect the recantation from the victim, 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. Illegal evidence collection can act as a valid defense in some cases. Others hinge on actual innocence, such as a false accusation. Still others may be built around intent, if the alleged victim was hurt accidentally.
Here is a breakdown of some common strategies and when they are applicable:
- False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. We investigate the accuser's motives and challenge their credibility.
- Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- Dominant Aggressor: When both people were physically involved, the key question is who was the primary aggressor. Injuries, prior history, witness accounts, and 911 recordings can show that you were defending yourself, not the one who started it.
- Lack of Intent or Accident: Both domestic battery and corporal injury require a willful act. Accidental contact, like bumping someone while trying to leave, is not domestic violence.
- No Traumatic Condition: For a PC 273.5 charge, the prosecutor must prove the touching caused an injury. Where an injury is minimal, unexplained, or existed beforehand, that can mean a reduction to misdemeanor battery or a dismissal.
- Alleged Victim Recants: While the alleged victim cannot drop the criminal charges, their recantation can prove valuable as a part of your defense.
- Reasonable Doubt: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge beyond a reasonable doubt.
- Alibi: 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 in Del Mar, 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:
- Initial Consult: Before building your defense, we offer a free review of the charges against you.
- 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: You deserve more than just the same advice to stay silent — we can tell you the best way to interact with law enforcement.
- Defense Investigation: Our team will listen to your story and look for any additional evidence.
- 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: We use our experience with how Del Mar, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
- 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: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Del Mar, CA
The Law Offices of David S. Chesley has defended Del Mar, 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.
Here's what sets us apart from other criminal defense firms in Del Mar, CA:
- Former prosecutors on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Local courtroom experience from a team that services counties across all of California.
- Criminal defense and immigration under one roof, 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.
- 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 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.
Past performance does not predict future results.
Del Mar, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Del Mar, CA?
Not automatically. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. 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. Always discuss your case with an attorney to find realistic plea deal options.
Is domestic violence a felony in Del Mar, CA?
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 can also be charged as either a misdemeanor or a felony.
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) 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 Del Mar, CA?
No. Even if the alleged victim recants, only the prosecutor can dismiss them. In Del Mar, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. 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. 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 Del Mar, CA?
Typically, diversion is not an option in Del Mar 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. 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 Del Mar, CA?
Usually, yes. Generally, you need to fit the following criteria:
- You did not serve a jail sentence (e.g., you were granted probation).
- You have completed all probation requirements.
- You have no pending criminal charges or warrants.
- You have not previously been convicted of a serious offense that bars you from expungement.
An expungement does not restore firearm rights, and it does not erase the conviction for immigration purposes.
Will a domestic violence conviction take away my gun rights?
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 Del Mar, 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, the state has 48 hours to either charge you with a crime or release you (excluding Sundays and holidays). Once you've been formally charged, your defense attorney will work with you to review the evidence, build a strategy, file motions, and negotiate with the prosecution. This takes up the bulk of the time your case is processing, and trials can extend them further.
Can a felony domestic violence charge be reduced to a misdemeanor?
Yes. Because a corporal injury charge 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 supposed victim changes their mind. It's common for domestic violence charges to be accompanied with an emergency protective order, then later a domestic violence restraining order, and if you break any of the conditions, this could be used against you in court. These orders can be challenged, though — the right defense attorney can help you make your case in court.
The Law Offices of David S. Chesley: Experienced Domestic Violence Defense in Del Mar, CA
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.
Our firm can also assist you with the following legal services in Del Mar, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact a lawyer at (800) 755-5174 or reach out online to plan a free review of the charges against you with a domestic violence lawyer in Del Mar, CA.
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