In North Hollywood, 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 North Hollywood, 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 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.
If You Were Just Arrested, Do This Now:
- Plead the fifth.
- Call our office (you can reach us by phone around the clock): (800) 755-5174.
- Stay in line with any pre-trial release conditions.
On this page:
- How domestic violence is defined
- What to do if you're accused
- What happens after a domestic violence arrest in North Hollywood, CA
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence and related consequences in North Hollywood
- Immigration consequences for noncitizens
- Strategies to mitigate the penalties
- What happens if the alleged victim won't testify
- Powerful defensive tactics
- The different steps we take in building a defense
- Why choose the Law Offices of David S. Chesley
- Common questions
If you've been accused of domestic violence, act fast. Talk to our criminal defense lawyers at (800) 755-5174 or contact us online at any time for a free, confidential consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does North Hollywood, CA, Define Domestic Violence?
If you're accused of a domestic violence charge in North Hollywood, you should review California Penal Code § 13700. This sets who can count as a domestic violence victim in California: "an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship."
Family law uses different criteria than criminal law. For restraining orders, Family Code § 6211 is the key statute to keep in mind. It also includes immediate family members and grandparents. 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.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You willfully touched the alleged victim in a harmful or offensive way (and, specifically for inflicting corporal injury on a spouse or cohabitant, that the contact caused a "traumatic condition");
- You were not protecting yourself, nor another person; AND
- The alleged victim was your current or former spouse; current or former fiancé(e) or dating partner; someone you live with (or, for corporal injury, used to live with); or the other parent of your child.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Willfully using force or violence against a current or former partner. Even the slightest offensive touch counts, and no injury is required.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Intentionally causing a "traumatic condition" to a current or former romantic partner: examples include broken bones and bruises.
- 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 Alongside Domestic Violence
Domestic violence might be limited to corporal injury and domestic battery, but violent crime charges in general include several more examples. You could also be facing accusations of:
- Criminal Threats (PC § 422): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. A felony conviction is a strike.
- Dissuading a Witness (PC § 136.1): Taking steps to stop a person from reporting a crime, helping investigators, or testifying in court
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking or breaking a cell phone to keep someone from calling for help.
- 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)): Attacking someone with excessive power and/or a weapon that can seriously hurt them.
- Stalking (PC § 646.9): Repeatedly following or harassing someone and making a credible threat that puts them in reasonable fear for their safety.
- Restraining Order Violations (PC § 273.6): Breaking the terms of a no-contact or related court order.
- Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
- 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 North Hollywood, 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.
- Exercise your sixth amendment right to an attorney.
- Do what you can to secure pretrial release.
- Read any protective orders carefully and follow all of the applied conditions.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Be honest with your lawyer, and tell the full story.
- Don't interact with the supposed victim — if they reach out to you, ask your lawyer how to respond.
Following these steps gives your case the best chance of a positive outcome. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
North Hollywood's entertainment industry presence and high-density apartment living near the NoHo Arts District create pressures that can lead to domestic violence allegations. The Law Offices of David S. Chesley appear at the Los Angeles Superior Court, Van Nuys Courthouse, applying strategies tailored to the San Fernando Valley's specific legal landscape.
What Happens After a Domestic Violence Arrest in North Hollywood, CA?
Domestic violence cases move fast. Here's what typically happens after an arrest in North Hollywood, CA:
- Arrest: After a domestic violence call, an officer who arrives on scene will evaluate the situation and can make an arrest based on probable cause. This does not mean they have to have witnessed the alleged attack — they can make an arrest just for suspecting that an attack took place (PC § 836(d)).
- Booking: During booking, the jail will take down your basic information, collect your things, and fingerprint you.
- Emergency Protective Order: In order to protect the alleged victim, police officers have the option to contact a judge after the arrest and request an emergency protective order. These can go into effect right away, forcing you out of your home and away from the supposed victim for up to 5 court days or 7 calendar days, whichever is sooner.
- Interrogation: Police may try to question you in custody. While you should be respectful, you should not answer any questions without a lawyer present.
- Bail and Release: Bail usually starts from the county bail schedule. For many domestic violence charges, including PC 273.5, stalking, and felony criminal threats, a judge must hold a hearing in open court before setting bail above or below the schedule or releasing you on your own recognizance (PC § 1270.1). Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: While the police make an arrest, they aren't the ones that charge you. The decision on what to charge rests with the prosecutor. In the City of North Hollywood, CA, domestic violence charges are typically prosecuted by the local district attorney. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). In addition to hearing the charges, it's common for judges to issue a protective order against you in domestic violence arraignments.
- Pretrial Stage: At this point, it is time for you and your attorney to build your defense, engage in negotiations, review the evidence, and prepare for trial.
Are You Allowed to Go Home After a Domestic Violence Arrest?
Often, 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. That's true even if the alleged victim wants you back. Breaking a protective order, whatever the circumstances, can lead to new charges. 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
North Hollywood, CA, domestic violence cases often overlap with restraining orders and custody disputes. 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
Restraining orders (also called protective orders) come in several types:
- 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: 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
A domestic violence accusation can become the hinge of a child custody case. The custody battle can run in parallel with the criminal case, so you could lose custody even before you reach an outcome on the related criminal charges. At the same time, these cases will affect each other — be sure to work with an attorney who knows how to navigate both criminal court and family court to beat the presumption of abuse.
These cases are challenging, but there are things you can do to position yourself for success. The court will weigh factors such as:
- The best interest of the child in question
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, if appropriate
- Completion of a parenting class
- Compliance with probation and any protective orders
- How long ago the incident supposedly happened
Domestic Violence Penalties in North Hollywood, CA
Learn about the potential penalties that a domestic violence conviction in North Hollywood, 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 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 North Hollywood, CA, domestic violence attorney to understand the possible penalties for your case.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- A minimum period of 3 years
- A criminal protective order protecting the alleged victim
- Completion of a 52-week batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- Community service
- Removal 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 North Hollywood, 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: You could face removal, denial of a green card, and/or rejection of citizenship applications. See the immigration section below.
- Custody: Family court will not look favorably upon your conviction.
- Long-Term Protective Orders: The court can issue a criminal protective order lasting up to 10 years, and the alleged victim may also seek a DVRO.
- 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: 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:
- 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. 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.
Because our firm practices both criminal defense and immigration law, our criminal defense team and North Hollywood, CA, immigration attorneys can work together to pursue a resolution that protects your status where possible. Never accept a plea in a domestic violence case without immigration advice. If you're already facing removal, learn about cancellation of removal.
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: 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): If you are a current or past member of the United States armed forces, and were charged with a misdemeanor, military treatment court may offer a problem-solving focus, rather than a punishment focus.
- Reduction to a Misdemeanor (PC § 17(b)): Inflicting corporal injury can be charged as either a felony or a misdemeanor — your attorney can bargain for a reduction with the prosecutor, argue for misdemeanor status at sentencing, or petition for reduction after the completion of probation.
- Expungement (PC § 1203.4): Expungement is a chance to clear your public record of the conviction, and is often a major help for moving forward with your career — but it does not restore firearm rights, and the conviction can still be used against you in immigration court.
What if the Alleged Victim Wants to Drop Charges?
Domestic violence cases are complex affairs, and it's common for the alleged victim to later change their mind and ask the state to drop the charges. 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. 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.
- Spousal privilege doesn't apply. While your spouse typically can refuse to testify against you in criminal court, Evidence Code § 972(e) makes an exception for domestic violence cases.
Reaching out to the alleged victim is never a good idea, especially if there is a restraining order in place. If they reach out saying that they want to recant, tell your attorney ASAP. Your attorney can lawfully collect the recantation from the victim, file motions against other forms of evidence, and highlight any contradictions and/or inconsistencies.
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. Still others may be built around intent, if the alleged victim was hurt accidentally.
Here is a breakdown of some common strategies and when they are applicable:
- 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: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- 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: In some cases, the alleged offender accidentally hurt the alleged victim. This typically does not reach the bar of "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: As discussed above, it's not possible for the supposed victim to drop criminal charges. However, if they recant, that can create a major hole in the case against you, which your defense attorney can exploit.
- 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: When available, an alibi shows you could not have committed the alleged offense.
- Constitutional Violations: When a procedural error occurred that goes against your rights, our team will argue for evidence to be thrown out and charges to be dropped.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
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:
- Free Case Review: Everything starts with a free, confidential case review.
- 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: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- Pretrial Motions: While the trial is pending, we'll file motions that protect your rights and fight against misconduct.
- Plea Negotiations: During the pretrial phase, we'll reach out to North Hollywood prosecutors to negotiate positive plea deals on your behalf.
- 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: We don't stop after the trial — if convicted, we'll advocate for a lower sentence and help you explore appeal options.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in North Hollywood, CA
The Law Offices of David S. Chesley has defended North Hollywood, CA, residents against domestic violence charges since 2005. When you need a defense attorney in North Hollywood, we're ready to take your case.
Our North Hollywood 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 North Hollywood immigration services, so that you can get tailored advice on how your charges will affect your immigration status.
- Emergency availability, because arrests can happen at any time.
- Results for clients. Read about our recent case results, including domestic violence cases.
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.
North Hollywood, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in North Hollywood, CA?
Not automatically. Probation is a common outcome for first-time offenders when there was no major injury. If you are given probation, it will include several terms, including the following: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a protective order. An experienced defense lawyer can often negotiate a reduced charge or a better outcome.
Is a domestic violence conviction in North Hollywood, CA, a felony?
It can be. Prosecutors in North Hollywood 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 (PC 243(e)(1)) and corporal injury (PC 273.5)?
Domestic battery (PC 243(e)(1)) includes an intentional, nonconsensual form of physical contact that hurts or offends a current or former romantic partner. It does not matter whether or not an injury was caused. Corporal injury (PC 273.5) is different in that the touching resulted in a traumatic injury, such as a bruise. It is also different in that it can be charged as a felony, at the prosecutor's discretion.
Can the victim drop domestic violence charges in North Hollywood, CA?
No. Even if the alleged victim recants, only the prosecutor can decide not to pursue the case. While it's helpful to have the alleged victim change their mind, this is only a part of a successful defense.
Can police arrest me for domestic violence if nobody is hurt?
Yes. Police only need probable cause to believe a crime occurred, and domestic battery does not require any injury. California law also allows officers to make a warrantless arrest for misdemeanor domestic violence even if they did not see the incident happen..
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. 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.
What diversion options are available for a domestic violence charge in North Hollywood, CA?
Standard misdemeanor diversion under PC 1001.95 is not available for domestic violence charges. 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. Ask your lawyer if you qualify for either of these diversion tracks.
Can a domestic violence conviction be expunged in North Hollywood, CA?
Usually, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
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 North Hollywood, CA?
The actual timeline depends on the specifics of your case — a general range is from a few months to a year or more. After an arrest, you must generally be arraigned within 48 hours, not counting Sundays and holidays. After being charged, the majority of North Hollywood criminal cases end in plea deals, but that can still take a long time to process — discovery, investigation, pre-trial motions, preliminary hearings, plea negotiations, and more can all drag a case out for months. If you do end up going to trial, this will further drag out your case.
Can a felony domestic violence charge be reduced to a misdemeanor?
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 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 alleged victim recants. 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 lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.
Don't Fight Charges Alone: Contact Your North Hollywood, CA, Domestic Violence Lawyer Today
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 North Hollywood, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact one of our team members at (800) 755-5174 or use our contact form to plan a private review of the charges against you with a domestic violence lawyer in North Hollywood, CA.
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