Domestic violence is one of the most serious charges you can face in Mission Viejo. This is because it has wide-reaching implications and collateral effects, even for a misdemeanor. If convicted, you should be facing a firearms ban, jail time, thousands of dollars in fines, and a difficult-to-escape criminal record. To protect your freedom, you need an experienced Mission Viejo, CA, criminal defense attorney.
The two most common domestic violence charges in Mission Viejo are domestic battery and corporal injury on a spouse or cohabitant. But these aren't like regular assault or battery charges — even if you didn't harm the other person, you are up against serious consequences like deportation.
Our domestic violence defense team has handled countless criminal defense cases in California, many of them just like yours. Domestic violence is one of our main case types, and we will leverage our years of experience (both in defense and prosecution) to build a tailored defense for you against the charges.
If You Were Just Arrested, Do This Now:
- Invoke your right to remain silent.
- Call our office (you can reach us by phone 24/7): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- An outline of the key domestic violence statutes in Mission Viejo, CA
- What to do if you're accused
- The different parts of the post-arrest process in Mission Viejo, CA
- How restraining orders and custody cases overlap with the criminal case
- Domestic violence and related consequences in Mission Viejo
- Immigration consequences for noncitizens
- Different diversion options that you may want to explore
- What happens if the alleged victim doesn't cooperate
- 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
- FAQs
If someone is saying that you committed domestic violence, you need to move ASAP. Get help from our criminal defense lawyers at (800) 755-5174 or get in touch online today for a free, confidential consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Mission Viejo, CA, Define Domestic Violence?
If you're accused of a domestic violence charge in Mission Viejo, 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 protective 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, for corporal injury, that the touching resulted in injury);
- You were not protecting yourself, nor another person; 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 internal bleeding.
- Misdemeanor or Felony: Wobbler (could be a misdemeanor or a felony)
The Key Difference: 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
Domestic battery and corporal injury are the core domestic violence charges, but prosecutors often add related violent crime charges:
- Criminal Threats (PC § 422): Scaring someone by indicating that you intend to cause them harm. If convicted as a felony, this falls under California's three strikes law.
- 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): 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): Acting in violation of a restraining order issued by the court.
- 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): Abusing or neglecting someone 65 or older, or a dependent adult, such as an elderly parent.
- Sexual Battery (PC § 243.4): With a sexual motive, touching another person's privates without permission.
- 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 Mission Viejo, CA
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Do not answer any questions or discuss your case with anyone.
- Exercise your sixth amendment right to an attorney.
- Request bail and/or release without bail.
- Follow every term of any emergency or criminal protective order.
- Collect any evidence that could be relevant to your case.
- Tell your defense attorney the full story. The conversation is confidential.
- Don't interact with the supposed victim — if they reach out to you, ask your lawyer how to respond.
It's critically important for you to make the right decisions now. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
Mission Viejo's affluent suburban neighborhoods and family-oriented communities near the Mission Viejo Mall create unique dynamics in domestic violence cases, with many filings originating from disputes in single-family homes along Marguerite Parkway. The Law Offices of David S. Chesley appear at the Harbor Justice Center in Newport Beach, applying strategies informed by Orange County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Mission Viejo, CA?
Domestic violence cases move fast. Here's what typically happens after an arrest in Mission Viejo, CA:
- Arrest: An arrest isn't guaranteed after a domestic violence call, but they often occur. According to PC § 836(d), an officer does not need to witness a domestic violence incident in order to have probable cause to make an arrest. Additionally, PC § 13701 guides them to arrest the "dominant aggressor" in cases where both parties claim the other attacked them.
- 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: Police may try to question you in custody. Politely decline to speak without an attorney.
- 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: While the police make an arrest, they aren't the ones that charge you. The decision on what to charge rests with the prosecutor. A prosecutor will evaluate the evidence for what they suspect occurred and what they think they'll be able to prove. 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. At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- Pretrial Stage: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
- Trial: If the charges aren't dropped, and you can't find an agreeable plea deal, your attorney will fight your case in court.
Can You Go Home After a Domestic Violence Arrest?
Often, you could be restricted from going home. An emergency protective order can require you to move out immediately, and the criminal protective order issued at arraignment frequently orders you to stay away from the alleged victim and the shared home for as long as the case is open. It doesn't matter if the alleged victim recants.
Breaking a protective order, regardless of whether they asked you to or not, can have a major, negative impact on your case. 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
It's normal for a domestic violence charge in Mission Viejo, 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
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- Emergency Protective Orders: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
- Criminal Protective Orders: California criminal protective orders are described in PC § 136.2. For domestic violence cases, they can last through the entire pretrial process and be extended for another 10 years after a conviction.
- Domestic Violence Restraining Orders (DVROs): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (Family Code § 6345).
Domestic Violence Accusations and Custody Cases
A domestic violence charge, even without a conviction, can seriously impact a child custody case. Family Code § 3044 instructs family court officials to automatically presume that giving custody to a parent who recently committed domestic violence is not in the child's best interest. Here are some key distinctions:
- The family court will make its own determination, rather than relying on criminal court outcomes.
- In addition to current and former romantic partners, the court will also look at possible violence committed against children in the relationship.
- A previously issued DVRO can be used as justification for denying custody.
Your attorney should be someone familiar with these aspects of family court in addition to the ins and outs of criminal court.
You're fighting an uphill battle, but it's not impossible. The judge will look at:
- 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 Mission Viejo, CA
Learn about the potential penalties that a domestic violence conviction in Mission Viejo, CA, could result in (and similar charges).
| 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 Mission Viejo, 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
- The issuance of a restraining order in defense of 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
- Surrender of any guns
- No new law violations
Collateral Consequences of a Domestic Violence Conviction
On top of the criminal penalties, a domestic violence conviction in Mission Viejo, CA, can lead to:
- Loss of Second Amendment 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: Domestic violence convictions can lead to deportation or block a green card or citizenship. Learn more in the immigration section below.
- Custody: A conviction often leads to the full loss of child custody after a family court case.
- 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: If a conviction appears in background checks, it can become a hurdle to future job applications.
- 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. Under federal immigration law (INA § 237(a)(2)(E)), two things can make a noncitizen deportable:
- Any conviction that fits the federal criteria for domestic violence
- A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)
Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. 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 Mission Viejo, 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
The right defense attorney will help you explore diversion and early intervention options that protect your record. Here are some of the ways our lawyers can help clients avoid jail time and/or protect their record against domestic violence charges:
- Pre-Filing Intervention: If we can participate in a pre-filing investigation conference, we'll argue for charges to not be filed and/or be reduced.
- Mental Health Diversion (PC § 1001.36): While not available to everyone, mental health diversion can be a powerful option resulting in the dismissal of all charges. Typically, your criminal case is put on hold for up to 1 year (for misdemeanors) or 2 years (for felonies) while you undergo treatment.
- 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)): 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): After you complete probation, you can generally petition to dismiss the conviction. Expungement helps with most private employers, but it doesn't restore gun rights and doesn't erase the conviction for immigration purposes.
What if the Alleged Victim Wants to Drop Charges?
Your case may have started with the alleged victim calling the police and making a report against you in the heat of the moment. If emotions cooled down, they may realize they made a mistake and ask to take back their accusations. That can help your defense, but it rarely ends the case on its own:
- 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.
- Your record can be examined. California Evidence Code § 1109 sets special conditions which allow prosecutors to use evidence from old domestic violence cases in the current case (generally going back up to 10 years).
- They can compel your spouse to testify. A married couple ordinarily is immune to compelled testimony against the other, but California law makes an exception in domestic violence cases.
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 inform the court that the supposed victim is recanting, file motions against other forms of evidence, 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. Others may depend on an alibi that shows you weren't there at the time. And others admit that harm was caused, but attack the intent aspect.
Here are defense strategies our domestic violence attorneys may use in your case:
- False Accusation: This is particularly pertinent in cases involving child custody — it's possible the accusations were made in bad faith. Your defense attorney should consider the potential motives of the accusor.
- Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- Dominant Aggressor: 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: 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: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- Constitutional Violations: If police violated your rights during the investigation, we challenge the evidence and file motions to suppress it.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges in Mission Viejo, CA
The Law Offices of David S. Chesley specializes in criminal defense and has extensive experience fighting domestic violence charges. This is what you can expect for your case:
- Initial Consult: Before you make a decision, we offer a no-obligaction review of your case.
- Bail and Protective Orders: If you are not offered release by the court, we'll argue for lower bail and challenge any protective orders.
- Interview Management: You deserve more than just the same advice to stay silent — we can tell you the best way to interact with law enforcement.
- Defense Investigation: We'll look through anything the prosecution found after discovery, and conduct our own independent research/evidence review.
- Strategy Development: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- Pretrial Motions: Motions give us a chance to challenge evidence and push for charges to be reduced or dismissed.
- Plea Negotiations: We use our experience with how Mission Viejo, 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 Mission Viejo, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your Mission Viejo, CA, domestic violence case. 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 Mission Viejo, CA:
- Former prosecutors on our team that can draw on their experience on the other side of the courtroom.
- Criminal defense and immigration under one roof, so that you can get tailored advice on how your charges will affect your immigration status.
- Available 24/7, because arrests can happen at any time.
- History of success. Our former clients can attest to our dedication to protecting their rights.
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.
Every case is unique — examples used above are not necessarily representative of future case results.
Mission Viejo, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Mission Viejo, 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. Jail is still possible, and a conviction usually comes with mandatory domestic violence probation terms: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a protective order. Always discuss your case with an attorney to find realistic plea deal options.
Is a domestic violence conviction in Mission Viejo, CA, a felony?
That depends on what the Mission Viejo prosecutor chooses to charge in your case. Prosecutors in Mission Viejo have discretion to charge PC 273.5 as a misdemeanor or a felony, mostly due to circumstance and criminal record. PC 243(e)(1) is always a misdemeanor, though. Related charges such as criminal threats, stalking, and dissuading a witness can also be charged as either a misdemeanor or a felony.
What is the difference between domestic battery and corporal injury?
Domestic battery (PC 243(e)(1)) only requires a willful, harmful or offensive touching of a current or former intimate partner. No injury is needed. Corporal injury (PC 273.5) is 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 Mission Viejo, CA?
No. Even if the alleged victim recants, 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 Mission Viejo police officers look at the whole picture, not just cuts and bruises.
Can I go home after a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. 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. 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 Mission Viejo, CA?
In California, many misdemeanor charges qualify for diversion (where instead of going to jail, the accused individual fulfils special requirements before having the case dismissed) under PC 1001.95, but domestic violence is an exception. These types of charges are specifically excluded from PC 1001.95. However, some defendants may qualify for mental health diversion under PC 1001.36, and current or former service members charged with a misdemeanor may qualify for military diversion under PC 1001.80. If you complete diversion successfully, the charges are dismissed.
Can a domestic violence conviction be expunged in Mission Viejo, 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?
Very likely. 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. On top of these bans for a conviction, if you are under a DVRO or other protective order, you will also likely face a gun ban for the duration.
How long does a domestic violence case take in Mission Viejo, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. After an arrest, the initial arraignment and bail phase typically occurs within 48 hours (excepting 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 inflicting corporal injury on a spouse or cohabitant a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What if I'm served with a restraining order while my criminal case is pending?
Strictly obey every condition, even if the alleged victim contacts you. It's common for domestic violence charges to be accompanied with an emergency protective order, then later a domestic violence restraining order, and if you break any of the conditions, this could be used against you in court. Your defense attorney can challenge the order or ask the court to modify it.
Talk to a Mission Viejo, CA, Domestic Violence Defense Lawyer Now
Whether it was a mistake, an exaggeration, or a false accusation, you have rights and deserve a strong defense. The Law Offices of David S. Chesley is ready to provide one.
Our firm can also assist you with the following legal services in Mission Viejo, 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 review of the charges against you with a domestic violence lawyer in Mission Viejo, CA.
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