You never thought it would come to this. Maybe it was self-defense. Perhaps your hand slipped by mistake. Or the allegations might be made up. Now, you could lose your house, your children, your freedom, and even more. But you're not alone. Your criminal defense attorney in Moorpark, CA will fight for your rights.
The key points you need to know are this:
- The main domestic violence charges in Moorpark, CA, are domestic battery and corporal injury on a spouse or cohabitant
- Domestic battery does not require injury, and is charged as a misdemeanor.
- Inflicting corporal injury requires causing active harm, and can be considered either a felony or a misdemeanor.
- People often also face additional charges, such as criminal threats or violating a protective order.
- It's critically important to obey any no-contact orders.
- In addition to formal penalties, domestic violence convictions have serious custody and firearm rights implications.
Whatever your situation is, don't try to handle it alone.
Our Moorpark 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.
3 Key Steps to Take After a Domestic Violence Arrest:
- Politely decline to answer questions.
- Reach out to a lawyer (you can reach us by phone around the clock): (800) 755-5174.
- Stay in line with any pre-trial release conditions.
On this page:
- An outline of the key domestic violence statutes in Moorpark, CA
- How to handle accusations
- What to expect if you're arrested for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Penalties, probation, and collateral consequences
- Special considerations for immigrants and non-citizens
- Diversion, reductions, and expungement
- What happens if the alleged victim won't testify
- Defense options that may apply to your case
- How our defense process works
- Why choose the Law Offices of David S. Chesley
- Common questions
If someone is saying that you committed domestic violence, get help now. Contact our criminal defense lawyers at (800) 755-5174 or contact us online today for a free, confidential case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Is a Domestic Violence Charge in Moorpark?
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 protective orders, Family Code § 6211 is the key statute to keep in mind. It also includes immediate family members and grandparents. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
Domestic violence charges hinge on the prosecution's ability to prove these three things:
- You intentionally and aggressively touched the alleged victim (and, if charged under PC § 273.5, that the touching resulted in injury);
- Special defenses like self-defense do not apply; 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: Touching a current or former spouse, dating partner, or cohabitant, or a coparent, in a hurtful way (including offensively — it doesn't matter whether or not any injury was caused.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Intentionally causing a "traumatic condition" to a current or former romantic partner: any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
- Misdemeanor or Felony: Wobbler (could be a misdemeanor or a felony)
The Key Distinction: Was There an Injury?
As described above, the main difference between a domestic battery charge and an inflicting corporal injury charge is injury: Domestic battery charges do not involve injuries to the alleged victim, while—as the name would imply—inflicting corporal injury on a spouse or cohabitant does involve an injury.
Charges Often Filed With 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): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. This can count as a strike if charged as a felony.
- 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 taking or breaking a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Keeping another person from exiting a location.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): Using a weapon, or massive force, in an attack that could seriously hurt another person.
- Stalking (PC § 646.9): 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): Acting in violation of a restraining order issued by the court.
- Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
- 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)): Trying to hurt another person emotionally by sharing nude, sexual, or otherwise intimate pictures of them, when intended to be private, without their permission.
How to Handle Domestic Violence Allegations in Moorpark, CA
What you do now can make all the difference for your future. Don't miss any of the below steps if you want to maximize your chances of a positive outcome:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Request an attorney.
- Work with your attorney to get released on bail or your own recognizance.
- Follow every term of any emergency or criminal protective order.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Tell your defense attorney the full story. The conversation is confidential.
- Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.
Following these steps gives your case the best chance of a positive outcome. Our phones are ready 24/7 if you have any questions: (800) 755-5174.
Moorpark's family-oriented communities and high-density neighborhoods near Moorpark College create unique dynamics in domestic violence cases, with many filings originating from disputes in areas like the Arroyo Simi corridor. The Law Offices of David S. Chesley appear at the Ventura County Superior Court, applying strategies informed by Ventura County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Moorpark, CA?
Don't underestimate the justice system. Here's what you need to be prepared for after an arrest in Moorpark, 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: Officers can request an emergency protective order from an on-call judge, often the same night. It can order you to stay away from the alleged victim and move out of the home for up to 5 court days or 7 calendar days, whichever comes first.
- Police Interview: There aren't always interrogations, but you should be prepared for one. 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). This gives your lawyer an opportunity to fight for lower bail, or even release on your own recognizance.
- 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. 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.
Can You Go Home After a Domestic Violence Arrest?
Depending on release conditions, not right away. Protective orders are commonly used against people alleged to have committed domestic violence, keeping the supposed offender away from the supposed victim and their home. Even in cases where the alleged victim reaches out to you, it's often illegal for you to respond or go to meet them.
Violating the order, whatever the circumstances, can ultimately hurt 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
A domestic violence accusation in Moorpark, CA, isn't just a criminal charge. The intersection between the criminal case, restraining order, and custody battle is difficult for anyone to handle, but the right defense attorney will guide you through all of them.
Types of Restraining Orders in Domestic Violence Cases
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- Emergency Protective Orders: 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: PC § 136.2 gives the judge the power to issue a restraining order against alleged offenders while their case is pending. If the case ends in a conviction, a new one can be issued for up to 10 years.
- 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
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.
The presumption can be overcome. The court will consider:
- The best interest of the child in question
- 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
- The recency of the alleged incident
The good news is that, even if custody is revoked, the accused parent will likely still have visitation rights, with restrictions. Your lawyer can help you file countermotions to regain custody and/or lift those restrictions.
Domestic Violence Penalties in Moorpark, 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 Moorpark, 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 Moorpark, 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
- The issuance of a restraining order in defense of the alleged victim
- Completion of a 52-week batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- Community service
- Removal of firearms
- No new law violations
California's 2021 law capping most probation terms at one or two years (AB 1950) does not shorten domestic violence probation, because the domestic violence probation statute sets its own length.
Collateral Consequences of a Domestic Violence Conviction
Here are of the potential collateral consequences for a domestic violence conviction in Moorpark:
- Loss of Gun Rights: The different types of domestic violence convictions lead to different types of firearm bans:
- Domestic Battery (Misdemeanor): 10-Year California ban, lifetime federal ban
- Corporal Injury (Misdemeanor): Lifetime California ban (if convicted on or after January 1, 2019), lifetime federal ban
- Corporal Injury (Felony): Lifetime California and federal ban
- Immigration Consequences: Domestic violence convictions can count as a crime of moral turpitude, leading to deportation. Learn more in the immigration section below.
- Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
- Long-Term Protective Orders: You could be fighting and/or restricted by criminal protective orders and DVROs for years, or the rest of your life.
- Employment and Licensing: A conviction appears on background checks and can affect professional licenses, security clearances, and jobs working with children or vulnerable adults.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
Immigrants and non-U.S. citizens face additional challenges on top of criminal penalties. Under federal immigration law (INA § 237(a)(2)(E)), two things can make a noncitizen deportable:
- 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. While some charges are typically treated more lightly than others (for example, domestic battery often results in less serious consequences than inflicting corporal injury), this is not guaranteed, and can depend on the specific facts surrounding your case.
If you're a noncitizen, you don't just need a criminal defense law firm. You need an immigration lawyer who can help you understand the potential impacts of these charges. Plea deals that seem appealing on the surface can have hidden immigration consequences — an attorney can help you make an informed choice.
Diversion, Reductions, and Clearing Your Record
Domestic violence charges require specialized strategies to lessen the impact on your criminal record. Standard misdemeanor diversion via PC § 1001.95 is not an option, so instead, our lawyers can help you explore the following:
- Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- Mental Health Diversion (PC § 1001.36): 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): Veterans treatment courts are available for some misdemeanors when the alleged offender has a qualifying condition (like substance misuse), and does not present a threat to public safety.
- Reduction to a Misdemeanor (PC § 17(b)): A felony PC 273.5 conviction can be reduced to a misdemeanor, either at sentencing or after probation.
- Expungement (PC § 1203.4): While expungement does not perfectly restore your record, it can help with future employment applications.
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, their words can still be used against you:
- The district attorney decides when to drop the case, not the supposed victim. 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)).
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 the use of out-of-court statements, 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. Illegal evidence collection can act as a valid defense in some cases. Or perhaps you can show that there was a false accusation, and you're actually innocent. And others concede that someone was hurt but dispute intent or who started it.
The following list goes over some popular defense strategies your Moorpark domestic violence defense attorney may use:
- False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. 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: When both people were physically involved, the key question is who was the primary aggressor. Injuries, prior history, witness accounts, and 911 recordings can show that you were defending yourself, not the one who started it.
- Lack of Intent or Accident: Both domestic battery and corporal injury require a willful act. Accidental contact, like bumping someone while trying to leave, is not domestic violence.
- No Traumatic Condition: For a PC 273.5 charge, the prosecutor must prove the touching caused an injury. Where an injury is minimal, unexplained, or existed beforehand, that can mean a reduction to misdemeanor battery or a dismissal.
- Alleged Victim Recants: While the alleged victim cannot drop the criminal charges, their recantation can prove valuable as a part of your defense.
- Reasonable Doubt: 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: 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
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 building your defense, we offer a free review of the charges against you.
- Bail 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: You deserve more than just the same advice to stay silent — we can tell you the best way to interact with law enforcement.
- Defense Investigation: Our team will listen to your story and look for any additional evidence.
- Strategy Development: After reviewing the evidence, we'll build a defense strategy tailored to your case.
- Pretrial Motions: Motions give us a chance to challenge evidence and push for charges to be reduced or dismissed.
- Plea Negotiations: During the pretrial phase, we'll reach out to Moorpark prosecutors to negotiate positive plea deals on your behalf.
- Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
- Sentencing Advocacy and Appeals: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Moorpark, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your Moorpark, CA, domestic violence case. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
Our Moorpark defense team can offer you:
- Former district attorneys on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Combination criminal defense and immigration services, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, so that you can get a hold of our team around the clock.
- History of success. You can see some of our recent case results of how we've delivered for clients.
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.
Past performance does not predict future results.
Moorpark, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Moorpark, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. Probation is a common outcome for first-time offenders when there was no major injury. Some of the conditions of domestic violence probation are: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a restraining order. To maximize your chances of avoiding jail, be sure to work with an experienced defense attorney.
Is a domestic violence conviction in Moorpark, CA, a felony?
That depends on what the Moorpark prosecutor chooses to charge in your case. Prosecutors in Moorpark 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 are also wobblers.
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 Moorpark, CA?
No. Even if the alleged victim recants, only the prosecutor can dismiss them. In Moorpark, 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 I be arrested for domestic violence if there is no visible injury?
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 Moorpark 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. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). 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 Moorpark, 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. These can be great options for eligible individuals, who can avoid a domestic violence conviction on their record.
Can a domestic violence conviction be expunged in Moorpark, CA?
Typically, 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). Expungement is a popular option because it can reduce your prior conviction's impact on your future career and housing. It does not restore firearm rights, however.
Will a domestic violence conviction take away my gun rights?
Most likely, you will lose your firearm rights. 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. 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 Moorpark, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. If you've just been accused and arrested, the state has 48 hours to either charge you with a crime or release you (excluding Sundays and holidays). After that, the pretrial phase of discovery, investigation, motions, and plea negotiations usually takes several months, and cases that go to trial take longer.
Can a felony pc 273.5 charge be reduced to a misdemeanor in Moorpark, CA?
Yes. Because PC 273.5 is a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What should I do if I'm served with a restraining order while my criminal case is pending?
Always obey the protective order, even if the supposed victim changes their mind. Most domestic violence cases include restraining orders against the alleged offender, and even if the alleged victim reaches out to you, 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.
Reach Out to Your Moorpark, CA, Domestic Violence Lawyer Right Away
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 Moorpark, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact us at (800) 755-5174 or use our contact form to schedule a private case review with a domestic violence lawyer in Moorpark, CA.
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