A domestic violence arrest in Hemet, CA, can turn your world upside down. You could lose your relationship, your career, and your freedom. It doesn't matter whether it was an accident, a false accusation, or some other kind of misunderstanding. You need an expert Hemet, CA, criminal defense attorney to protect your rights.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In Hemet, 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 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.
Just Arrested? Take These Steps:
- Invoke your right to remain silent.
- Reach out to a lawyer (you can contact us at all times): (800) 755-5174.
- Stay in line with any pre-trial release conditions.
On this page:
- An outline of the key domestic violence statutes in Hemet, CA
- What to do if you're accused
- The post-arrest process for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence and related consequences in Hemet
- Immigration consequences for noncitizens
- Diversion, reductions, and expungement
- What happens if the alleged victim doesn't cooperate
- Powerful defensive tactics
- How our defense process works
- Why our law firm is ready to be your domestic violence defense attorney
- FAQs
If you've been accused of domestic violence, get help now. Call our criminal defense lawyers at (800) 755-5174 or use our contact form today for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Does a Domestic Violence Accusation Mean in Hemet, CA?
For criminal law, California Penal Code § 13700 determines what alleged victims count for domestic violence in California. This mainly includes people with whom you have a current or former romantic 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. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You intentionally and aggressively touched the alleged victim (and, if charged under PC § 273.5, that the contact resulted in trauma);
- Special defenses like self-defense do not apply; 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: Purposely hurting a current or former romantic partner that causes a particular physical injury—examples include broken bones and concussions.
- Misdemeanor or Felony: Wobbler (can be charged either way)
The Key Distinction: Was There an Injury?
Whether or not there was an injury is the difference in what you get charged with: No injury means domestic battery charges, while any physical trauma means a corporal injury charge. In terms of penalties, the maximum jail sentence for domestic battery is one year, while a felony corporal injury charge can result in up to 5 years (though this can be extended depending on your record).
Charges Often Filed 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 breaking a cell phone, such as if done in order to stop them from contacting the police.
- 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)): Using a weapon, or massive force, in an attack that could seriously hurt another person.
- Stalking (PC § 646.9): Stalking has two elements: First, following someone when you are not welcome to, and second, making a realistic threat that causes fear.
- 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): 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)): Intentionally distributing private intimate images of someone without consent, knowing it will cause them serious emotional distress.
Your Next Steps After a Hemet, CA, Domestic Violence Accusation
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Ask for a lawyer, and don't answer questions until you have one.
- Request bail and/or release without bail.
- Read any protective orders carefully and follow all of the applied conditions.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Be honest with your lawyer, and tell 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.
It's critically important for you to make the right decisions now. Our phones are ready 24/7 if you have any questions: (800) 755-5174.
Hemet's senior-heavy communities and agricultural heritage near the Hemet Valley Mall create distinct patterns in domestic violence allegations, with many cases originating from disputes in multi-unit housing along Florida Avenue. The Law Offices of David S. Chesley appear at the Hemet Courthouse on East Latham Avenue, applying strategies informed by Riverside County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Hemet, CA?
It's normal to be scared or overwhelmed after police take you into custody. Here's what you need to be prepared for after an arrest in Hemet, CA:
- Arrest: Officers only need probable cause. In Hemet, CA, they can arrest for misdemeanor domestic violence without a warrant even if they didn't see the incident (PC § 836(d)). When both people claim they were attacked, officers are directed to identify the "dominant aggressor" rather than arrest both (PC § 13701).
- Booking: You'll be fingerprinted, photographed, and processed into jail.
- Emergency Protective Order: In order to protect the alleged victim, police officers have the option to contact a judge after the arrest and request an emergency protective order. These can go into effect right away, forcing you out of your home and away from the supposed victim for up to 5 court days or 7 calendar days, whichever is sooner.
- Police Questioning: There aren't always interrogations, but you should be prepared for one. While you should be respectful, you should not answer any questions without a lawyer present.
- Bail and Release: Bail usually starts from the county bail schedule. For many domestic violence charges, including PC 273.5, stalking, and felony criminal threats, a judge must hold a hearing in open court before setting bail above or below the schedule or releasing you on your own recognizance (PC § 1270.1). Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: Prosecutors review the police report and decide what to file. This will be based on the police report and any corroborating evidence. 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.
- Pretrial Stage: 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.
Are You Allowed to Go Home After a Domestic Violence Arrest?
In many Hemet, CA, domestic violence cases, 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. Even in cases where the alleged victim reaches out to you, it's often illegal for you to respond or go to meet them.
Breaking a protective order, even with their consent, can result in additional criminal charges. 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 Hemet, 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
Restraining orders (also called protective orders) come in several types:
- 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
It doesn't matter if you weren't convicted. Under Family Code § 3044, family court can make its own determination if a parent committed domestic violence, and issue custody findings as a result. Family court uses a wider definition of domestic violence, including harming:
- The other parent,
- The child, or
- The child's siblings.
In particular, you need to watch out for situations where a DVRO was granted — this can be the deciding factor.
You're fighting an uphill battle, but it's not impossible. The judge will look at:
- 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, if appropriate
- Completion of a parenting class
- Compliance with probation and any protective orders
- Whether there have been any further acts of domestic violence
A parent subject to the presumption usually still has visitation, though it may be supervised or restricted. When there are only allegations and no finding, the presumption doesn't apply. The judge decides custody based on the child's best interest, and if the judge gives custody to a parent who has been accused of abuse, the judge must explain the reasons on the record.
Domestic Violence Penalties in Hemet, 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 Hemet, 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. Always consult with your Hemet, CA, domestic violence attorney to understand the possible penalties for your case.
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
- If you can afford it, a $500 payment to domestic violence programs
- Community service
- Removal of firearms
- No new law violations
Collateral Consequences of a Domestic Violence Conviction
On top of the criminal penalties, a domestic violence conviction in Hemet, CA, can lead to:
- Loss of Gun 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: You could face removal, denial of a green card, and/or rejection of citizenship applications. Learn more in the immigration section below.
- Custody: Family court will not look favorably upon your conviction.
- Long-Term Protective Orders: If the court and/or alleged victim choose to pursue restraining orders, you could be subject to them for years, or even permanently.
- Employment and Licensing: You could lose your career while in jail and face new challenges looking for employment once you are released.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
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
- A court finding that you violated the parts of a protective order that protect against threats of violence, repeated harassment or bodily injury, even without a separate criminal conviction for the violation
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.
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 Hemet, 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
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: Before charges are filed, your attorney can present evidence to the prosecutor and argue that the case shouldn't be filed at all, or should be filed as a lesser charge.
- Mental Health Diversion (PC § 1001.36): If a diagnosed mental health condition played a role in the alleged offense, the judge may pause the case while you complete treatment (up to 2 years for a felony or 1 year for a misdemeanor). If you complete it successfully, the charges are dismissed.
- Military Diversion (PC § 1001.80): If you are a current or past member of the United States armed forces, and were charged with a misdemeanor, military treatment court may offer a problem-solving focus, rather than a punishment focus.
- Reduction to a Misdemeanor (PC § 17(b)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
- Expungement (PC § 1203.4): Expungement is a chance to clear your public record of the conviction, and is often a major help for moving forward with your career — but it does not restore firearm rights, and the conviction can still be used against you in immigration court.
What if the Alleged Victim Recants?
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. That can help your defense, you're still facing an uphill battle:
- The district attorney decides when to drop the case, not the supposed 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. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- They can compel your spouse to testify. While your spouse typically can refuse to testify against you in criminal court, Evidence Code § 972(e) makes an exception for domestic violence cases.
Be Careful: Reaching out to the alleged victim is never a good idea, especially if there is a restraining order in place. If they reach out saying that they want to recant, tell your attorney ASAP. Your attorney can lawfully present the alleged victim's account, challenge previous statements if brought up by the prosecution, and highlight any contradictions and/or inconsistencies.
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. Some cases are best defended using procedural errors, like pointing out rights violations. Others may depend on an alibi that shows you weren't there at the time. And others concede that someone was hurt but dispute intent or who started it.
The following list goes over some popular defense strategies your Hemet domestic violence defense attorney may use:
- False Accusation: Some domestic violence charges arise from false accusations, often during a breakup or custody dispute. If the alleged victim's motives are in question, we will highlight that.
- Self-Defense or Defense of Others: Perhaps you did harm your partner, but were justified by a real, perceived threat.
- Dominant Aggressor: If there was a fight involving both parties, the case can come down to "who started it?" Your lawyer can look for evidence that you were the real victim.
- 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: In some cases, rather than building a proactive defense, our attorneys challenge the prosecution's evidence and show that they failed to provide proof beyond a reasonable doubt.
- Alibi: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- Constitutional Violations: When a procedural error occurred that goes against your rights, our team will argue for evidence to be thrown out and charges to be dropped.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
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 you make a decision, we offer a no-obligaction review of your case.
- 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: If police want to question you, we'll handle that contact and advise you on how to respond.
- 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: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: During the pretrial phase, we'll reach out to Hemet prosecutors to negotiate positive plea deals on your behalf.
- Trial Representation: Most cases end in a plea bargain, but you have the right to a trial — if you exercise it, we'll go to court with you.
- Sentencing Advocacy and Appeals: 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 Hemet, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your Hemet, CA, domestic violence case. When you need a defense attorney in Hemet, we're ready to take your case.
Here's what sets us apart from other criminal defense firms in Hemet, CA:
- Former district attorneys on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Combination criminal defense and Hemet immigration services, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, because arrests can happen at any time.
- History of success. Read about our recent case results, including domestic violence cases.
In a previous case, our client was accused of committing assault with a deadly weapon and domestic violence for hitting the alleged victim with a car. We examined the evidence of the injury, argued with the district attorney, and were able to secure a full dismissal of charges for our client.
Every case is unique — examples used above are not necessarily representative of future case results.
Hemet, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Hemet, CA?
Not automatically. Probation is a common outcome for first-time offenders when there was no major injury. If you are given probation, it will include several terms, including the following: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a protective order. An experienced defense lawyer can often negotiate a reduced charge or a better outcome.
Is a domestic violence conviction in Hemet, CA, a felony?
It can be. While domestic battery can only be charged as a misdemeanor, inflicting corporal injury could be either a misdemeanor or a felony. Related charges such as criminal threats, stalking, and dissuading a witness 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 Hemet, CA?
No. Once charges are filed, only the prosecutor can decide not to pursue the case. An alleged victim who recants or does not want the case to go forward can still help your defense, but that does not guarantee a dismissal.
Can police arrest me for domestic violence if nobody is hurt?
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.
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. Under federal immigration law, a conviction for a "crime of domestic violence" and a court finding that you violated certain terms of a protective order are both separate grounds for deportation, and some domestic violence offenses are also treated as crimes involving moral turpitude. 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 Hemet, CA?
Standard misdemeanor diversion under PC 1001.95 is not available for domestic violence charges. However, there are other diversion tracks that you might be able to make use of. One example is PC 1001.36 mental health diversion — if you suffer from a mental health condition like PTSD or bipolar disorder, and that significantly contributed to the commission of the offense, you might be eligible for this diversion track. Ask your lawyer if you qualify for either of these diversion tracks.
Can a domestic violence conviction be expunged in Hemet, CA?
Usually, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
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 Hemet, CA?
Anywhere from a few months to more than a year. If you are in custody, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After being charged, the majority of Hemet criminal cases end in plea deals, but that can still take a long time to process — discovery, investigation, pre-trial motions, preliminary hearings, plea negotiations, and more can all drag a case out for months. If you do end up going to trial, this will further drag out your case.
Can a felony domestic violence charge be reduced to a misdemeanor in Hemet, CA?
Yes. Because inflicting corporal injury on a spouse or cohabitant a wobbler, your attorney may be able to negotiate a misdemeanor filing or plea, or ask the judge to reduce a felony to a misdemeanor under PC 17(b), either at sentencing or after probation is completed.
What should I do if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, or you could end up facing additional charges. Protective orders are a standard part of domestic violence cases, and even if the alleged victim invites you over, you can face consequences for breaking the conditions. These orders can be challenged, though — the right defense attorney can help you make your case in court.
Get Help From an Expert Hemet, CA, Domestic Violence Lawyer
We are prepared to fight against domestic violence charges in Hemet — 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 Hemet, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak with an attorney at (800) 755-5174 or get in touch online to plan a free, confidential consultation with a domestic violence lawyer in Hemet, CA.
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