A domestic violence arrest in Irvine, 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 Irvine, 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 Irvine, 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 Irvine domestic violence defense team examines the evidence, challenges witness accounts, handles police contact for you, and builds a strategy aimed at getting your charges reduced or dismissed, or winning at trial.
3 Key Steps to Take After a Domestic Violence Arrest:
- Plead the fifth.
- Reach out to a lawyer (you can contact us at all times): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- An outline of the key domestic violence statutes in Irvine, CA
- What to do if you're accused
- What to expect if you're arrested for domestic violence
- How restraining orders and custody cases overlap with the criminal case
- Possible formal and collateral consequences of a domestic violence conviction
- Special considerations for immigrants and non-citizens
- Diversion, reductions, and expungement
- How prosecutors handle uncooperative alleged victims
- Different ways our lawyers may defend your case
- What you can expect from your defense attorney
- Why you should work with us as your domestic violence lawyers
- Frequently asked questions
If you've been accused of domestic violence, get help now. Contact our criminal defense lawyers at (800) 755-5174 or reach out online today 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 Irvine?
If you're accused of a domestic violence charge in Irvine, 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 different criteria than criminal law. 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 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 trauma);
- You did not act in lawful self-defense or in defense of someone else; AND
- The alleged victim is someone you currently or formerly had a romantic relationship with, and/or live(d) with.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: 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: 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 line between the two charges is injury. A push that leaves no mark is typically charged as domestic battery, a misdemeanor. The same push that leaves a bruise, scratch, or swelling can be charged as corporal injury, a potential felony. Prosecutors also commonly file PC 273.5 when there's any allegation of choking or strangulation, even when marks are hard to see. That's one reason early investigation of the medical evidence matters.
Charges Often Filed Alongside Domestic Violence
In addition to a domestic violence charge, you could face any of the below related violent crime charges:
- Criminal Threats (PC § 422): Telling or displaying that you intend to hurt someone else, whether or not you actually do. This can count as a strike if charged as a felony.
- Dissuading a Witness (PC § 136.1): Trying to stop someone from reporting a crime, cooperating with police, or testifying, including asking an alleged victim to "drop the charges."
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away 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): 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): Willfully inflicting cruel or excessive physical punishment or injury on a child, sometimes charged when a child is hurt during a domestic incident.
- Elder Abuse (PC § 368): Physically or emotionally causing harm to an elderly or dependent adult.
- Sexual Battery (PC § 243.4): Touching an intimate part of another person against their will for sexual arousal, gratification, or abuse.
- Revenge Porn (PC § 647(j)(4)): Trying to hurt another person emotionally by sharing nude, sexual, or otherwise intimate pictures of them, when intended to be private, without their permission.
What to Do if You've Been Accused of Domestic Violence in Irvine, 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:
- Plead the Fifth Ammendment.
- Ask for a lawyer, and don't answer questions until you have one.
- Request bail and/or release without bail.
- If you were issued a restraining order, follow every rules.
- Collect any evidence that could be relevant to your case.
- Be honest with your lawyer, and tell the full story.
- Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.
Mistakes can cost you your freedom, but following these steps can protect it. Call us today, whatever charges you're facing: (800) 755-5174.
Irvine's suburban neighborhoods and business districts create distinct patterns in domestic violence allegations, with many cases originating from high-pressure living situations in apartment complexes near the 405 corridor. The Law Offices of David S. Chesley navigate these matters at the Lamoreaux Justice Center in Orange, applying strategies tailored to Orange County's specific legal landscape and the courthouse's procedures for protective orders.
What Happens After a Domestic Violence Arrest in Irvine, 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 an arrest in Irvine, CA:
- Arrest: Officers only need probable cause. In Irvine, 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 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 Questioning: While under arrest, the police may ask you about the incident. Politely decline to speak without an attorney.
- Bail and Release: Bail may be available as a way for you to secure pretrial release. Many domestic violence charges mandate a bail hearing where your defense attorney can fight for your release, possibly even 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. PC § 825 sets timing guidelines for arraignments in California: Outside of exceptional circumstances, the prosecution is required to formally charge you in an arraignment within 48 hours, excluding Sundays and holidays. In addition to hearing the charges, it's common for judges to issue a protective order against you in domestic violence arraignments.
- 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, not right away. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. It doesn't matter if the alleged victim recants.
Violating the order, even with their consent, can have a major, negative impact on your case. Instead of taking the risk by visiting the alleged victim in violation of your order, you should ask your defense attorney about options like a "peaceful contact" order that would lighten the restrictions.
Domestic Violence, Restraining Orders, and Custody
It's normal for a domestic violence charge in Irvine, CA, to also result in battles related to custody and/or restraining orders. A single incident can lead to a criminal case, a restraining order case, and a custody fight at the same time, and what you say in one can be used in the others. Your defense attorney should coordinate all three.
Types of Restraining Orders in Domestic Violence Cases
There are three main types of Restraining orders that you need to be aware of:
- Emergency Protective Orders: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
- Criminal Protective Orders: Issued by the criminal court, usually at arraignment and at the prosecutor's request. They last while the case is pending, and after a domestic violence conviction the judge can issue one for up to 10 years (PC § 136.2).
- Domestic Violence Restraining Orders (DVROs): It's difficult to fight a criminal protective order, but arguable even harder to fight a DVRO. These are filed in family court, not in criminal court, and are defined in Family Code § 6345. The key thing for you to be aware of is the initial hearing, which typically occurs about three weeks after the incident and initial filing. You may not be given notice of this order, making it even harder to fight. If granted, these orders can last up to 5 years on an initial run, and a further 5 years (or even lifetime) if renewed.
Domestic Violence Accusations and Custody Cases
A domestic violence accusation can become the hinge of a child custody case. The custody battle can run in parallel with the criminal case, so you could lose custody even before you reach an outcome on the related criminal charges. At the same time, these cases will affect each other — be sure to work with an attorney who knows how to navigate both criminal court and family court to beat the presumption of abuse.
You're fighting an uphill battle, but it's not impossible. The court will consider:
- 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
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 Irvine, 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 Irvine, CA.
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years) | Up to $6,000 (up to $10,000 with a qualifying prior) |
| Dissuading a Witness | PC § 136.1 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated) | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Criminal Threats | PC § 422 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions) | Up to $1,000 |
| Restraining Order Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Assault With a Deadly Weapon / Force Likely to Cause GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Misdemeanor: up to $6,000 Felony: up to $10,000 |
*These are statutory ranges, not predictions. Prior convictions and aggravating factors can increase them. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. To get a full breakdown of the potential penalties in your case, talk to your Irvine, CA, domestic violence defense lawyer.
Domestic Violence Probation
California judges follow a legal framework to help them decide on probation requirements in criminal cases. Normally, they have some leeway, but PC § 1203.097 sets some mandatory terms in domestic violence cases:
- 36 months or more of probation
- A criminal protective order protecting the alleged victim
- Completion of a year-long batterer's intervention program
- Generally, a $500 payment to domestic violence programs is required, but the court can waive it in cases where the alleged offender cannot pay
- Community service
- Surrender of any guns
- No new law violations
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Irvine, CA, domestic violence conviction can lead to the following:
- 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: 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: A conviction can strain your current relationship and follow you socially and professionally.
Domestic Violence Charges and Immigration
Even just an accusation of domestic violence can be seriously damaging for non-U.S. citizens, if a restraining order was issued. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- A conviction for a "crime of domestic violence" (a crime of violence against a current or former spouse, partner, co-parent or similar protected person)
- Violention of a DVRO or similar protection order, if found by the court
Several domestic violence and related criminal convictions count as "crimes involving moral turpitude," which are particularly problematic for immigrants. 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 Irvine, 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: 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): 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)): 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): 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 Wants to Drop Charges?
It's common for an alleged victim to recant, refuse to cooperate, or ask the prosecutor to drop the case. Having the alleged victim on your side is a big help, their words can still be used against you:
- The state can move forward with the case regardless of the alleged victim's wishes. If they can, they'll build a case against you using other evidence besides the alleged victim's testimony. Your defense attorney can challenge the constitutional viability of any related evidence they attempt to use.
- 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 jailed for refusing to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
Be Careful: 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 previous statements if brought up by the prosecution, and use inconsistencies in the evidence to your advantage.
Defense Strategies Your Domestic Violence Attorney May Use
Your defense team knows that every case is unique, and your defense should be, too. Some cases are best defended using procedural errors, like pointing out rights violations. Or perhaps you can show that there was a false accusation, and you're actually innocent. And others admit that harm was caused, but attack the intent aspect.
Here is a breakdown of some common strategies and when they are applicable:
- False Accusation: Unfortunately, some domestic violence charges arise from false accusations. 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: 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: In some cases, the alleged offender accidentally hurt the alleged victim. This typically does not reach the bar of "domestic violence."
- No Traumatic Condition: If you're charged with inflicting corporal injury on a spouse or cohabitant, a possible defense is that no injury occurred. This isn't as likely to result in a full dropping of charges, but can result in the reduction to misdemeanor domestic battery.
- 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: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
- 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 in Irvine, 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:
- Free Case Review: Before you make a decision, we offer a no-obligaction review of your case.
- Release and Protective Orders: We work to get you released and, where appropriate, ask the court to modify protective orders so you can return home or see your children.
- Defense Against Interrogations: If police want to question you, we'll handle that contact and advise you on how to respond.
- Defense Investigation: Our team will listen to your story and look for any additional evidence.
- Strategy Development: When we have all the evidence we need, we'll decide on a defense strategy that maximizes your chances of a positive outcome.
- Pretrial Motions: While the trial is pending, we'll file motions that protect your rights and fight against misconduct.
- Plea Negotiations: We use our experience with how Irvine, 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 Irvine, CA
The Law Offices of David S. Chesley has defended Irvine, CA, residents against domestic violence charges since 2005. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
Here's what sets us apart from other criminal defense firms in Irvine, CA:
- Former district attorneys on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
- Local courtroom experience in Irvine, CA court and with the county's domestic violence procedures, protective orders and probation requirements.
- Criminal defense and immigration under one roof, so noncitizen clients get advice on both before any plea.
- Available 24/7, so that you can get a hold of our team around the clock.
- Reputation for delivering. 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.
Prior results do not guarantee a similar outcome.
Irvine, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Irvine, CA?
Not automatically. Probation is a common outcome for first-time offenders when there was no major injury. Jail is still possible, and a conviction usually comes with mandatory domestic violence probation terms: at least 36 months of probation, a 52-week batterer's intervention program, and a protective order. Always discuss your case with an attorney to find realistic plea deal options.
Is domestic violence a felony in Irvine, CA?
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 are also wobblers.
What is the difference between domestic battery and corporal injury?
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 Irvine, CA?
No. Regardless of what the supposed victim wants, only the prosecutor can drop the charges. In Irvine, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. While it's helpful to have the alleged victim change their mind, this is only a part of a successful defense.
Can police arrest me for domestic violence if nobody is hurt?
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..
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. 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. A full defensive strategy should include considerations for immigration impacts, and your criminal defense attorney should be someone who can represent you in immigration court as well.
Can I get diversion for a domestic violence charge in Irvine, CA?
Typically, diversion is not an option in Irvine domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). 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 Irvine, 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 restore firearm rights, and it does not erase the conviction for immigration purposes.
Will a domestic violence conviction take away my gun rights?
Very likely. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. 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 Irvine, 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 initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After being charged, the majority of Irvine 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 Irvine?
Yes. Because PC 273.5 is 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, even if the alleged victim contacts you. Protective orders are a standard part of domestic violence cases, 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.
Talk to a Irvine, CA, Domestic Violence Defense Lawyer Now
Right now, you need to make a decision that can affect the rest of your life. The Law Offices of David S. Chesley is here to help guide you at every step of the process.
We also aid with the following legal services in Irvine, 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 send us a message to plan a free, confidential consultation with a domestic violence lawyer in Irvine, CA.
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