In Garden Grove, 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 Garden Grove, 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 Garden Grove, 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 is ready to help with your case. We offer free case reviews, and our phone lines are available 24/7.
If You Were Just Arrested, Do This Now:
- Invoke your right to remain silent.
- Reach out to a lawyer (phone lines available around the clock): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- Charges that count as domestic violence in Garden Grove
- What to do if you're accused
- What happens after a domestic violence arrest in Garden Grove, CA
- What you could be facing in terms of protective orders and custody battles
- Possible formal and collateral consequences of a domestic violence conviction
- What you need to be aware of if you're not a U.S. Citizen
- Diversion, reductions, and expungement
- What to be aware of if the supposed victim does not want to testify
- Powerful defensive tactics
- The different steps we take in building a defense
- Why you should work with us as your domestic violence lawyers
- Frequently asked questions
If you've been accused of domestic violence, you need to move ASAP. Get help from our criminal defense lawyers at (800) 755-5174 or use our contact form at any time for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Counts as Domestic Violence in Garden Grove, CA?
If you're accused of a domestic violence charge in Garden Grove, 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 uses a broader definition. For no-contact orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
There are three main elements the prosecution will attempt to prove in your Garden Grove, CA, domestic violence case:
- You intentionally and aggressively touched the alleged victim (and, if charged under PC § 273.5, that the touching resulted in a "traumatic condition");
- There were no extenuating circumstances like self-defense; AND
- The alleged victim had a close/romantic relationship with you as defined in California Penal Code § 13700.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Willfully using force or violence against a current or former partner. Even the slightest offensive touch counts, and no injury is required.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: 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—can be charged either way
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 Garden Grove, 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. A felony conviction is a strike.
- 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, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Restricting someone's ability to leave a location, and/or unlawfully restraining them against their will.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): 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): 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): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
- 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 Garden Grove, 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:
- Do not answer any questions or discuss your case with anyone.
- Ask for a lawyer, and don't answer questions until you have one.
- Work with your attorney to get released on bail or your own recognizance.
- Follow every term of any emergency or criminal protective order.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Don't hold back when speaking with your defense attorney — they need to know the full story.
- Don't contact the alleged victim, even to apologize or to ask them to drop the case. That contact can violate a protective order and lead to a separate charge for dissuading a witness. If they reach out, talk to your lawyer before responding.
Following these steps gives your case the best chance of a positive outcome. Our phones are ready 24/7 if you have any questions: (800) 755-5174.
Garden Grove's diverse communities and proximity to Disneyland create unique dynamics in domestic violence cases, with many filings originating from disputes in high-density neighborhoods near the Garden Grove Hospital. The Law Offices of David S. Chesley appear at the Lamoreaux Justice Center in Orange, applying strategies informed by Orange County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Garden Grove, CA?
It's normal to be scared or overwhelmed after police take you into custody. Here's what typically happens after an arrest in Garden Grove, CA:
- Arrest: Officers only need probable cause. In Garden Grove, CA, they can arrest for misdemeanor domestic violence without a warrant even if they didn't see the incident (PC § 836(d)). When both people claim they were attacked, officers are directed to identify the "dominant aggressor" rather than arrest both (PC § 13701).
- Booking: 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.
- Police Interview: There aren't always interrogations, but you should be prepared for one. 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. Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. A prosecutor will evaluate the evidence for what they suspect occurred and what they think they'll be able to prove. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). Arraignments are sometimes combined with bail hearings, in which case you'll be informed of the charges, asked to make a plea, informed of your bail requirements, and possibly issued a new restraining order.
- Trial Preparation: At this point, it is time for you and your attorney to build your defense, engage in negotiations, review the evidence, and prepare for trial.
Can You Go Home After a Domestic Violence Arrest?
Often, 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, whatever the circumstances, can lead to new 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
Garden Grove, CA, domestic violence cases often overlap with restraining orders and custody disputes. The intersection between the criminal case, restraining order, and custody battle is difficult for anyone to handle, but the right defense attorney will guide you through all of them.
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: Requested by police from an on-call judge right after an incident. No arrest is required. They last up to 5 court days or 7 calendar days, whichever comes first, giving the alleged victim time to request a longer 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.
You're fighting an uphill battle, but it's not impossible. The court will weigh factors such as:
- 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
- Whether there have been any further acts of domestic violence
Domestic Violence Penalties in Garden Grove, CA
Without your Garden Grove, 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. To get a full breakdown of the potential penalties in your case, talk to your Garden Grove, CA, domestic violence defense lawyer.
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
- A criminal protective order protecting the alleged victim
- Completion of a year-long batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- Community service
- Loss of firearms
- No new law violations
You may have heard of a California law restricting probation to a maximum of two years (AB 1950). Under current law, this does not apply to domestic violence cases.
Collateral Consequences of a Domestic Violence Conviction
On top of the criminal penalties, a domestic violence conviction in Garden Grove, CA, can lead to:
- Loss of Firearm 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: You could be fighting and/or restricted by criminal protective orders and DVROs for years, or the rest of your life.
- Employment and Licensing: You could lose your career while in jail and face new challenges looking for employment once you are released.
- Relationships and Reputation: Your current relationship will likely be strained, and future potential partners may avoid you if they find out about your conviction.
Domestic Violence Charges and Immigration
For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. 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
- 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. Each immigration case should be treated as unique, as the specifics of your criminal conviction can affect how immigration court treats you.
If you're an immigrant facing domestic violence charges, the first plea offer you receive probably won't be the best outcome for your case. A reputable Garden Grove, CA, immigration attorney can help you evaluate the potential legal consequences of a deal, negotiate for a more favorable one, and fight against deportation.
Diversion, Reductions, and Clearing Your Record
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 you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- Mental Health Diversion (PC § 1001.36): If a diagnosed mental health condition played a role in the alleged offense, the judge may pause the case while you complete treatment (up to 2 years for a felony or 1 year for a misdemeanor). If you complete it successfully, the charges are dismissed.
- Military Diversion (PC § 1001.80): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- 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): 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 Recants?
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:
- The state can move forward with the case regardless of the alleged victim's wishes. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- 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)).
Be Careful: Neither you nor anyone acting for you should ask the alleged victim to stay away from court, which can be charged as dissuading a witness. Your attorney can lawfully present the alleged victim's account, challenge the use of out-of-court statements, and build a case that attacks the weaknesses in the prosecution's argument.
Defense Strategies Your Domestic Violence Attorney May Use
Your domestic violence lawyer will evaluate the specifics of your case and choose the defense that fits it best. 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.
The following list goes over some popular defense strategies your Garden Grove 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: You can lawfully use reasonable force to protect yourself or someone else from imminent harm.
- 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: This defense is specific to inflicting corporal injury charges — if no injury occurred as a result of the alleged attack, the charges can be reduced or dismissed.
- Alleged Victim Recants: 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: 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 the prosecution's case hinges on evidence that was collected illegally, we will challenge it, file motions to suppress it, and argue for charges to be dismissed entirely.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
When you call the Law Offices of David S. Chesley, our domestic violence defense team gets to work right away. Here's how the process works:
- Free Case Review: Everything starts with a free, confidential case review.
- Bail and Protective Orders: We will fight for pretrial release in your case, and if there is a protective order against you, we'll fight for its reduction so that you can go back home.
- Defense Against Interrogations: 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: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
- Strategy Development: After reviewing the evidence, we'll build a defense strategy tailored to your case.
- Pretrial Motions: While the trial is pending, we'll file motions that protect your rights and fight against misconduct.
- Plea Negotiations: Our firm can talk to the Garden Grove district attorney and explore plea deal options.
- Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
- Sentencing Advocacy and Appeals: 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 Garden Grove, CA
The Law Offices of David S. Chesley has defended Garden Grove, 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.
Our Garden Grove defense team can offer you:
- Former district attorneys on our team that can draw on their experience on the other side of the courtroom.
- Combination criminal defense and Garden Grove immigration services, because noncitizens deserve special attention to their unique circumstances.
- Available 24/7, because arrests can happen at any time.
- Reputation for delivering. Read about our recent case results, including domestic violence cases.
In one case, our client was accused of attacking his girlfriend while she was removing his belongings. We showed that the accusation was false and that another person caused the injury.
Prior results do not guarantee a similar outcome.
Garden Grove, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Garden Grove, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. Some of the conditions of domestic violence probation are: a minimum of 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 Garden Grove, 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 and corporal injury?
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 Garden Grove, CA?
No. Once charges are filed, only the prosecutor can decide not to pursue the case. It's always helpful to have the victim recant, as that can give your defense attorney a way to challenge the prosecution's case.
Can police arrest me for domestic violence if nobody is hurt?
Yes. Probable cause for a domestic violence arrest can include the alleged victim's story or signs of violence (like property damage) besides an injury — it does not require a visible injury. Visible injuries often count as probable cause, but Garden Grove police officers look at the whole picture, not just cuts and bruises.
Am I allowed to go home after release from a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.
What diversion options are available for a domestic violence charge in Garden Grove, CA?
Standard misdemeanor diversion under PC 1001.95 is not available for domestic violence charges. 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. While they are not options for everyone, they can make a major difference in eligible individuals' lives.
Can a domestic violence conviction be expunged in Garden Grove, CA?
Typically, 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.
Expungement is a popular option because it can reduce your prior conviction's impact on your future career and housing. It does not restore firearm rights, however.
Will a domestic violence conviction take away my gun rights?
Most likely, you will lose your firearm rights. 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 Garden Grove, 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, you must generally be arraigned within 48 hours, not counting 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, 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 if I'm served with a restraining order while my criminal case is pending?
Always obey the protective order, or you could end up facing additional charges. Protective orders are a standard part of domestic violence cases, 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.
Get Help From an Expert Garden Grove, CA, Domestic Violence Lawyer
We are prepared to fight against domestic violence charges in Garden Grove — 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 Garden Grove, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Call us at (800) 755-5174 or get in touch online to set up a confidential case review with a domestic violence lawyer in Garden Grove, CA.
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