You never thought it would come to this. Maybe it was self-defense. Perhaps your hand slipped by mistake. Or it could even be a false accusation. Now, you could lose your house, your children, your freedom, and even more. But you're not alone. Your criminal defense attorney in Pasadena, CA will fight for your rights.
The key points you need to know are this:
- The main domestic violence charges in Pasadena, 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 Pasadena domestic violence defense team is ready to help with your case. We offer free case reviews, and our phone lines are available 24/7.
If You Were Just Arrested, Do This Now:
- Respectfully refuse to answer questions and request an attorney.
- Call our office (you can contact us 24/7): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- How domestic violence is defined
- Important steps to take if you've been accused of domestic violence in Pasadena, CA
- The different parts of the post-arrest process in Pasadena, CA
- How restraining orders and custody cases overlap with the criminal case
- 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 doesn't cooperate
- Powerful defensive tactics
- How our defense process works
- What sets our lawyers apart
- Frequently asked questions
If you've been accused of domestic violence, get help now. Get help from our criminal defense lawyers at (800) 755-5174 or contact us online now for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Does a Domestic Violence Accusation Mean in Pasadena, CA?
California Penal Code § 13700 defines domestic violence as "abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship."
Family law uses a broader definition. For no-contact orders, Family Code § 6211 is the key statute to keep in mind. It also includes immediate family members and grandparents. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
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 intentionally and aggressively touched the alleged victim (and, if charged under PC § 273.5, that the touching resulted in trauma);
- You did not act in lawful self-defense or in defense of someone else; 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: Purposely hurting a current or former romantic partner that causes a particular physical injury—examples include sprains and concussions.
- Misdemeanor or Felony: Wobbler (can be charged either way)
The Key Distinction: Was There an Injury?
The presence of an injury is the difference between domestic battery and corporal injury charges — because of this, many corporal injury cases involve extensive review of medical records, where your Pasadena defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed Alongside Domestic Violence
In addition to a domestic violence charge, you could face any of the below related violent crime charges:
- Criminal Threats (PC § 422): Scaring someone by indicating that you intend to cause them harm. This can count as a strike if charged as a felony.
- 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 breaking a cell phone to keep someone from calling for help.
- False Imprisonment (PC § 236): Restricting someone's ability to leave a location, and/or unlawfully restraining them against their will.
- 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): Intionally harming and causing injury to a child.
- 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): With a sexual motive, touching another person's privates without permission.
- Revenge Porn (PC § 647(j)(4)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
What to Do if You've Been Accused of Domestic Violence in Pasadena, 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:
- Do not answer any questions or discuss your case with anyone.
- 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.
- Collect any evidence that could be relevant to your case.
- Be honest with your lawyer, and tell the full story.
- Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.
It's critically important for you to make the right decisions now. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
Pasadena's historic neighborhoods and affluent communities near the Rose Bowl create unique dynamics in domestic violence cases, with many filings originating from disputes in multi-unit housing along Colorado Boulevard. The Law Offices of David S. Chesley appear at the Pasadena Courthouse on North Fair Oaks Avenue, applying strategies informed by Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Pasadena, CA?
Domestic violence cases move fast. Here's what typically happens after an arrest in Pasadena, CA:
- Arrest: Officers only need probable cause. In Pasadena, CA, they can arrest for misdemeanor domestic violence without a warrant even if they didn't see the incident (PC § 836(d)). When both people claim they were attacked, officers are directed to identify the "dominant aggressor" rather than arrest both (PC § 13701).
- Booking: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to jail.
- 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.
- Police Questioning: While under arrest, the police may ask you about the incident. 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: Prosecutors review the police report and decide what to file. In the City of Pasadena, 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). At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective 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.
Are You Allowed to Go Home After a Domestic Violence Arrest?
Often, you will have to wait. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. It doesn't matter if the alleged victim recants.
Violating the order, whatever the circumstances, can have a major, negative impact on your case. Instead of taking the risk by visiting the alleged victim in violation of your order, you should ask your defense attorney about options like a "peaceful contact" order that would lighten the restrictions.
Domestic Violence, Restraining Orders, and Custody
A domestic violence accusation in Pasadena, CA, isn't just a criminal charge. 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
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.
These cases are challenging, but there are things you can do to position yourself for success. 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
- How long ago the incident supposedly happened
Domestic Violence Penalties in Pasadena, CA
Without your Pasadena, CA, domestic violence defense attorney, you are facing serious charges. The table below lists what you could face after a conviction of domestic battery, corporal injury, and related offenses in California.
| 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. Talk with your Pasadena, 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:
- At least 36 months of probation
- A criminal protective order protecting the alleged victim
- Completion of a year-long batterer's intervention program
- Generally, a $500 payment to domestic violence programs is required, but the court can waive it in cases where the alleged offender cannot pay
- Community service
- Removal of any guns
- No new law violations
You may have heard of a California law restricting probation to a maximum of two years (AB 1950). Under current law, this does not apply to domestic violence cases.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Pasadena, CA, domestic violence conviction can lead to the following:
- Loss of Firearm Rights: A misdemeanor domestic battery conviction brings a 10-year California firearm ban (PC § 29805) and a lifetime federal ban (18 U.S.C. § 922(g)(9)). A misdemeanor PC 273.5 conviction on or after January 1, 2019, is a lifetime ban under California law, and any felony is 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: 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)
- A court finding that you violated the parts of a protective order that protect against threats of violence, repeated harassment or bodily injury, even without a separate criminal conviction for the violation
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 an immigrant facing domestic violence charges, the first plea offer you receive probably won't be the best outcome for your case. A reputable Pasadena, CA, immigration attorney can help you evaluate the potential legal consequences of a deal, negotiate for a more favorable one, and fight against deportation.
Diversion, Reductions, and Clearing Your Record
The right defense attorney will help you explore diversion and early intervention options that protect your record. Here are some of the ways our lawyers can help clients avoid jail time and/or protect their record against domestic violence charges:
- Pre-Filing Intervention: If we can participate in a pre-filing investigation conference, we'll argue for charges to not be filed and/or be reduced.
- Mental Health Diversion (PC § 1001.36): If a diagnosed mental health condition played a role in the alleged offense, the judge may pause the case while you complete treatment (up to 2 years for a felony or 1 year for a misdemeanor). If you complete it successfully, the charges are dismissed.
- Military Diversion (PC § 1001.80): 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)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
- Expungement (PC § 1203.4): 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 Doesn't Want to Testify?
It's common for an alleged victim to recant, refuse to cooperate, or ask the prosecutor to drop the case. When this happens, it is a major benefit to the defense, you're still facing an uphill battle:
- Prosecutors can sometimes proceed without the alleged victim. Ultimately, the alleged victim is not the one you're fighting the criminal case against — instead, it's the state of California. If the prosecutor thinks they have a strong enough case without victim testimony, they may choose to move forward with the charges anyway. The constitutional legality of evidence becomes paramount at this stage, and your attorney will have to evaluate everything on a case-by-case basis.
- 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.
- 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: 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 inform the court that the supposed victim is recanting, file motions against other forms of evidence, and use inconsistencies in the evidence to your advantage.
Defense Strategies Your Domestic Violence Attorney May Use
The defense to your criminal charges may be built on a common strategy, but it should be tailored to your unique circumstances. 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 are defense strategies our domestic violence attorneys may use in your case:
- False Accusation: Some domestic violence charges arise from false accusations, often during a breakup or custody dispute. 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: 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: 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: 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 the eyes of the law, you are guilty until proven innocent. If the prosecution fails to prove your guilt beyond a reasonable doubt, your defense attorney should highlight this.
- Alibi: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
- Constitutional Violations: When a procedural error occurred that goes against your rights, our team will argue for evidence to be thrown out and charges to be dropped.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges in Pasadena, CA
When you call the Law Offices of David S. Chesley, our domestic violence defense team gets to work right away. Here's how the process works:
- Free Case Review: Before you make a decision, we offer a no-obligaction review of your case.
- 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.
- Guidance During Questioning: If police want to question you, we'll handle that contact and advise you on how to respond.
- 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 are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: We use our experience with how Pasadena, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
- Trial Representation: If your case goes to trial, we'll present your defense to the 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 Pasadena, CA
The Law Offices of David S. Chesley has defended Pasadena, CA, residents against domestic violence charges since 2005. We've been judges, prosecutors, and police officers, and we know where common weaknesses are in the state's cases.
Here's what sets us apart from other criminal defense firms in Pasadena, CA:
- Former district attorneys on our team that can draw on their experience on the other side of the courtroom.
- Criminal defense and immigration under one roof, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, because domestic violence arrests rarely happen during business hours.
- History of success. You can see some of our recent case results of how we've delivered for clients.
In a previous case, our client was accused of committing assault with a deadly weapon and domestic violence for hitting the alleged victim with a car. We examined the evidence of the injury, argued with the district attorney, and were able to secure a full dismissal of charges for our client.
Prior results do not guarantee a similar outcome.
Pasadena, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Pasadena, CA?
Not automatically. If your case is charged as a misdemeanor, there's a good chance you can secure probation instead of jail time. Some of the conditions of domestic violence probation are: at least 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.
Does California consider domestic violence a felony?
It can be. Prosecutors in Pasadena 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) requires that the touching caused a "traumatic condition," meaning any wound or injury, however minor, including injury from strangulation. Because of that injury requirement, corporal injury is the more serious charge and can be filed as a felony.
Can the victim drop domestic violence charges in Pasadena, CA?
No. Once charges are filed, only the prosecutor can decide not to pursue the case. In Pasadena, 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. 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. Under federal immigration law, a conviction for a "crime of domestic violence" and a court finding that you violated certain terms of a protective order are both separate grounds for deportation, and some domestic violence offenses are also treated as crimes involving moral turpitude. Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.
Can I get diversion for a domestic violence charge in Pasadena, 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. If you complete diversion successfully, the charges are dismissed.
Can a domestic violence conviction be expunged in Pasadena, CA?
Usually, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). An expungement does not restore firearm rights, and it does not erase the conviction for immigration purposes.
Will a domestic violence conviction take away my gun rights?
Very likely. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. On top of these bans for a conviction, if you are under a DVRO or other protective order, you will also likely face a gun ban for the duration.
How long does a domestic violence case take in Pasadena, CA?
Anywhere from a few months to more than a year. If you've just been accused and arrested, you must generally be arraigned within 48 hours, not counting 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 in Pasadena, CA?
Yes. Because a corporal injury charge a wobbler, your attorney may be able to negotiate a misdemeanor filing or plea, or ask the judge to reduce a felony to a misdemeanor under PC 17(b), either at sentencing or after probation is completed.
What if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, or you could end up facing additional charges. Most domestic violence cases include restraining orders against the alleged offender, and a violation can bring new charges and hurt your criminal case. These orders can be challenged, though — the right defense attorney can help you make your case in court.
Reach Out to Your Pasadena, CA, Domestic Violence Lawyer Right Away
We are prepared to fight against domestic violence charges in Pasadena — whatever you've been accused of, you shouldn't have to go through this process alone.
The Law Offices of David S. Chesley also offers the following legal services in Pasadena, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Call a lawyer at (800) 755-5174 or send us a message to schedule a free, confidential consult with a domestic violence lawyer in Pasadena, CA.
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