In Moreno Valley, CA, the alleged victim can't drop a domestic violence case. Once police make an arrest, the prosecutor decides whether to file charges, and a single 911 call can lead to a protective order that keeps you out of your own home and a case that follows you for years. Whether it was a misunderstanding, an exaggeration, or a false accusation, you need a Moreno Valley, CA, criminal defense lawyer on your side right away.
Domestic violence is different from regular violent crimes because of the status of the alleged victim: If it was your spouse, dating partner, co-parent, or someone you used to date and/or live with, you can face special domestic violence charges like domestic battery or corporal injury on a spouse or cohabitant.
Our Moreno Valley 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.
If You Were Just Arrested, Do This Now:
- Plead the fifth.
- Reach out to a lawyer (you can contact us around the clock): (800) 755-5174.
- Obey any protective order, and don't contact the alleged victim.
On this page:
- How domestic violence is defined
- How to handle accusations
- The different parts of the post-arrest process in Moreno Valley, CA
- What you could be facing in terms of protective orders and custody battles
- Possible formal and collateral consequences of a domestic violence conviction
- Immigration consequences for noncitizens
- Strategies to mitigate the penalties
- What happens if the alleged victim won't testify
- Different ways our lawyers may defend your case
- How our defense process works
- Why you should work with us as your domestic violence lawyers
- FAQs
If you've been accused of domestic violence, you need to move ASAP. Contact our criminal defense lawyers at (800) 755-5174 or use our contact form at any time for a free, confidential consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Does a Domestic Violence Accusation Mean in Moreno Valley, CA?
The main definition of domestic violence in California is California Penal Code § 13700. It defines it as causing harm to someone else with whom you have a close relationship, such as a husband/wife or co-parent.
Family law works differently. For no-contact orders, Family Code § 6211 sets rules and standards. In addition to current and former romantic partners, it includes close family members. That's why an argument with a family member can lead to a domestic violence restraining order even when it isn't charged as domestic battery.
There are three main elements the prosecution will attempt to prove in your Moreno Valley, CA, domestic violence case:
- You made physical contact with the alleged victim, causing harm or offense (and, for corporal injury, that the contact resulted in a "traumatic condition");
- There were no extenuating circumstances like self-defense; AND
- The alleged victim False into a protected individual category as described in California Penal Code § 13700.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Touching someone forcibly, violently, or offensively — so long as the alleged victim is a current or former romantic partner.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Willfully inflicting an injury on a current or former partner that results in a "traumatic condition": any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
- Misdemeanor or Felony: Wobbler—can be charged either way
The Key Difference: 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
In Moreno Valley, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:
- Criminal Threats (PC § 422): 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 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)): An assault with an object or with force likely to cause serious injury.
- 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): Abusing or neglecting someone 65 or older, or a dependent adult, such as an elderly parent.
- Sexual Battery (PC § 243.4): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
- Revenge Porn (PC § 647(j)(4)): Intentionally distributing private intimate images of someone without consent, knowing it will cause them serious emotional distress.
What to Do if You've Been Accused of Domestic Violence in Moreno Valley, 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.
- Request an attorney.
- Work with your attorney to get released on bail or your own recognizance.
- If you were issued a restraining order, follow every rules.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Don't hold back when speaking with your defense attorney — they need to know the full story.
- Don't interact with the supposed victim — if they reach out to you, ask your lawyer how to respond.
Mistakes can cost you your freedom, but following these steps can protect it. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
Moreno Valley's diverse, high-density neighborhoods near the Moreno Valley Mall create unique challenges in domestic violence cases, with many filings originating from disputes in apartment complexes along Alessandro Boulevard. The Law Offices of David S. Chesley navigate these matters at the Riverside County Superior Court, applying strategies informed by the Inland Empire's specific legal landscape.
What Happens After a Domestic Violence Arrest in Moreno Valley, CA?
Domestic violence cases move fast. These are the steps you'll typically take after an arrest in Moreno Valley, 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: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to 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 Questioning: Police may try to question you in custody. 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 the police make an arrest, they aren't the ones that charge you. The decision on what to charge rests with the prosecutor. 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.
Are You Allowed to 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.
Breaking a protective order, whatever the circumstances, can ultimately hurt your case. If the alleged victim does reach out to you, speak with your attorney before responding or going to meet them. They can advise you on the best way to move forward without hurting your chances in court.
Domestic Violence, Restraining Orders, and Custody
It's normal for a domestic violence charge in Moreno Valley, CA, to also result in battles related to custody and/or restraining orders. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.
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: These are a short-term restraining order, lasting 5 court days or 7 calendar days (whichever comes first). They are typically administered after a domestic violence arrest, but the arrest is not required for the police officer to file for one.
- 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
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 judge will look at:
- 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
If the family court does not decide to remove the custody of the parent who's been accused of domestic violence, they must issue a statement explaining why they are granting custody to that parent.
Domestic Violence Penalties in Moreno Valley, CA
The table below shows the potential sentences for domestic violence and commonly related charges in Moreno Valley, 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. Talk with your Moreno Valley, CA, domestic violence attorney about the penalties you are actually facing.
Domestic Violence Probation
Many domestic violence convictions end in probation instead of jail, but PC § 1203.097 sets mandatory terms, including:
- 36 months or more of probation
- A criminal protective order protecting the alleged victim
- Completion of a year-long batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- Community service
- Removal of firearms
- No new law violations
Collateral Consequences of a Domestic Violence Conviction
Here are of the potential collateral consequences for a domestic violence conviction in Moreno Valley:
- 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 count as a crime of moral turpitude, leading to deportation. See the immigration section below.
- Custody: Family court will not look favorably upon your conviction.
- Long-Term Protective Orders: You could be fighting and/or restricted by criminal protective orders and DVROs for years, or the rest of your life.
- Employment and Licensing: 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. If either of the following are true, you could face deportation (INA § 237(a)(2)(E)):
- 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
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.
If you're 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
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): Mental health diversion is an option if you have a qualifying mental health condition that contributed to your behavior. By participating in a treatment program, you can secure a dismissal of all charges.
- Military Diversion (PC § 1001.80): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- Reduction to a Misdemeanor (PC § 17(b)): A felony PC 273.5 conviction can be reduced to a misdemeanor, either at sentencing or after probation.
- Expungement (PC § 1203.4): While expungement does not perfectly restore your record, it can help with future employment applications.
What if the Alleged Victim Doesn't Want to Testify?
Your case may have started with the alleged victim calling the police and making a report against you in the heat of the moment. If emotions cooled down, they may realize they made a mistake and ask to take back their accusations. That can help your defense, you're still facing an uphill battle:
- Prosecutors can sometimes proceed without the alleged victim. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- Your record can be examined. Evidence Code § 1109 allows prosecutors to introduce evidence of other alleged acts of domestic violence, generally from the past 10 years.
- They can compel your spouse to testify. While your spouse typically can refuse to testify against you in criminal court, Evidence Code § 972(e) makes an exception for domestic violence cases.
- Victims can't be jailed for refusing to testify. While in typical circumstances, a witness can be sent to jail for refusing to testify under Penal Code § 166, California Evidence Code § 1219 creates a special exception for domestic violence cases.
Neither you nor anyone acting for you should ask the alleged victim to stay away from court, which can be charged as dissuading a witness. Your attorney can lawfully inform the court that the supposed victim is recanting, challenge the use of out-of-court statements, and build a case that attacks the weaknesses in the prosecution's argument.
Defense Strategies Your Domestic Violence Attorney May Use
Your domestic violence lawyer will evaluate the specifics of your case and choose the defense that fits it best. Illegal evidence collection can act as a valid defense in some cases. Others hinge on actual innocence, such as a false accusation. And others admit that harm was caused, but attack the intent aspect.
The following list goes over some popular defense strategies your Moreno Valley 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. We investigate the accuser's motives and challenge their credibility.
- Self-Defense or Defense of Others: You can lawfully use reasonable force to protect yourself or someone else from imminent harm.
- Dominant Aggressor: Related to self-defense, if you fought back and both of you ended up injured, your attorney can argue that the other party was the dominant aggressor.
- Lack of Intent or Accident: PC § 243(e)(1) and PC § 273.5 both require an intent aspect for a conviction. One defense option to explore is whether or not the injury was caused by accident.
- 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: While the alleged victim cannot drop the criminal charges, their recantation can prove valuable as a part of your defense.
- Reasonable Doubt: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge beyond a reasonable doubt.
- Alibi: When available, an alibi shows you could not have committed the alleged offense.
- Constitutional Violations: If the prosecution's case hinges on evidence that was collected illegally, we will challenge it, file motions to suppress it, and argue for charges to be dismissed entirely.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges in Moreno Valley, 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:
- Initial Consult: Before building your defense, we offer a free review of the charges against you.
- 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: 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: 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: Our firm can talk to the Moreno Valley district attorney and explore plea deal options.
- Trial Representation: If you don't get a plea deal that you want to accept, we'll go to trial and argue your case in front of a judge and jury.
- Sentencing Advocacy and Appeals: Nobody wants their case to end in a conviction, but trials don't always go according to plan. If convicted, we're available to help you advocate for a lower sentence and file appeals.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Moreno Valley, CA
The Law Offices of David S. Chesley has defended Moreno Valley, 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.
Our Moreno Valley defense team can offer you:
- Former prosecutors on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Combination criminal defense and Moreno Valley immigration services, so that you can get tailored advice on how your charges will affect your immigration status.
- Emergency availability, so that you can get a hold of our team around the clock.
- Reputation for delivering. 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.
Prior results do not guarantee a similar outcome.
Moreno Valley, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Moreno Valley, CA?
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. 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. To maximize your chances of avoiding jail, be sure to work with an experienced defense attorney.
Is a domestic violence conviction in Moreno Valley, CA, a felony?
That depends on what the Moreno Valley prosecutor chooses to charge in your case. Domestic battery under PC 243(e)(1) is always a misdemeanor. Corporal injury on a spouse or cohabitant under PC 273.5 is a "wobbler," which means the prosecutor can file it as a misdemeanor or a felony depending on the injury, your record, and the facts. Related charges such as criminal threats, stalking, and dissuading a witness can also be charged as either a misdemeanor or a felony.
What is the difference between domestic battery (PC 243(e)(1)) and corporal injury (PC 273.5)?
Domestic battery (PC 243(e)(1)) includes any attempt to hurt or offend someone through touching, if that person is a current or former romantic partner. The attempt does not need to be successful. Corporal injury (PC 273.5) is 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 Moreno Valley, CA?
No. Once charges are filed, only the prosecutor can drop the charges. In Moreno Valley, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. 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. For police to make an arrest, they only need probable cause — not to witness a crime occurring or observe an injury. In fact, they are required to make an arrest in domestic violence cases if there is probable cause.
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). The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.
What diversion options are available for a domestic violence charge in Moreno Valley, CA?
Typically, diversion is not an option in Moreno Valley 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. 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 Moreno Valley, CA?
Usually, 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.
An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.
Will a domestic violence conviction take away my gun rights?
Most likely, you will lose your firearm rights. Typically, a misdemeanor conviction does not result in a firearms ban, but domestic violence charges are an exception. Due to the elevated risk factors firearms pose in domestic violence situations, both the California State and U.S. Federal governments have imposed harsh restrictions on firearm ownership for domestic violence offenders. Any domestic violence conviction will result in a lifetime federal firearms ban. California's state laws depend on the specifics of your case: A misdemeanor PC § 243(e)(1) conviction is only a 10-year California firearm ban, while a misdemeanor PC 273.5 conviction on or after January 1, 2019 is a lifetime California ban, as is any felony conviction. Domestic violence restraining orders and protective orders also require you to give up your firearms while they are in effect.
How long does a domestic violence case take in Moreno Valley, CA?
Anywhere from a few months to more than a year. If you are in custody, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After 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 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, or you could end up facing additional charges. It's common for domestic violence charges to be accompanied with an emergency protective order, then later a domestic violence restraining order, and a violation can bring new charges and hurt your criminal case. Your defense attorney can challenge the order or ask the court to modify it.
Need a Domestic Violence Lawyer in Moreno Valley, CA, ASAP? Our Phones Are Available 24/7
Get help from a law firm with extensive experience fighting against clients' domestic violence charges. Get help from the Law Offices of David S. Chesley.
Our firm can also assist you with the following legal services in Moreno Valley, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to an attorney at (800) 755-5174 or use our contact form to plan a no-strings attached consult with a domestic violence lawyer in Moreno Valley, CA.
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