In Redlands, 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 Redlands, CA, criminal defense lawyer on your side right away.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In Redlands, CA, it's usually charged as domestic battery or corporal injury on a spouse or cohabitant, and the penalties range from probation and a year-long class to years in state prison.
Our Redlands 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:
- Politely decline to answer questions.
- Contact us (phone lines available at all times): (800) 755-5174.
- Stay in line with any pre-trial release conditions.
On this page:
- An outline of the key domestic violence statutes in Redlands, CA
- What to do if you're accused
- What to expect if you're arrested for domestic violence
- How restraining orders and custody cases overlap with the criminal case
- Domestic violence penalties in Redlands, CA
- The intersection between domestic violence charges and immigration law
- Different diversion options that you may want to explore
- What happens if the alleged victim won't testify
- Powerful defensive tactics
- The different steps we take in building a defense
- Why our law firm is ready to be your domestic violence defense attorney
- Common questions
If you've been accused of domestic violence, get help now. Call our criminal defense lawyers at (800) 755-5174 or use our contact form at any time for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Redlands, CA, Define Domestic Violence?
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 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. 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 Redlands, CA, domestic violence case:
- You made physical contact with the alleged victim, causing harm or offense (and, if charged under PC § 273.5, that the contact caused trauma);
- Special defenses like self-defense do not apply; 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: Willfully inflicting an injury on a current or former partner that results in a "traumatic condition"—examples include broken bones and bruises.
- Misdemeanor or Felony: Wobbler (could be a misdemeanor or a felony)
The Key Distinction: Was There an Injury?
The line between the two charges is injury. A push that leaves no mark is typically charged as domestic battery, a misdemeanor. The same push that leaves a bruise, scratch, or swelling can be charged as corporal injury, a potential felony. Prosecutors also commonly file PC 273.5 when there's any allegation of choking or strangulation, even when marks are hard to see. That's one reason early investigation of the medical evidence matters.
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): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. If convicted as a felony, this falls under California's three strikes law.
- Dissuading a Witness (PC § 136.1): Attemping to prevent a witness or alleged victim from informing the authorities about a crime or from testifying
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking or breaking a cell phone—in a domestic violence case, this could be allegedly keeping the supposed victim from calling for help.
- 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): 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): Violating the terms of a court-issued protective or restraining 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): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
- Revenge Porn (PC § 647(j)(4)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
How to Handle Domestic Violence Allegations in Redlands, 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:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Exercise your sixth amendment right to an attorney.
- Do what you can to secure pretrial release.
- Follow every term of any emergency or criminal protective order.
- Gather any evidence that is relevant to your case — don't delete anything, as you could be charged with obstruction of justice.
- Be honest with your lawyer, and tell the full story.
- Don't contact the alleged victim, even to apologize or to ask them to drop the case. That contact can violate a protective order and lead to a separate charge for dissuading a witness. If they reach out, talk to your lawyer before responding.
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.
Redlands' historic neighborhoods and university-influenced communities near the University of Redlands create pressures that can lead to domestic violence allegations in areas like the Downtown Redlands Historic District. The Law Offices of David S. Chesley appear at the Riverside County Superior Court, applying strategies tailored to the Inland Empire's specific legal landscape.
What Happens After a Domestic Violence Arrest in Redlands, CA?
It's normal to be scared or overwhelmed after police take you into custody. These are the steps you'll typically take after an arrest in Redlands, 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: You'll be fingerprinted, photographed, and processed into 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 Interview: 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: Many domestic violence charges mandate that there is a bail hearing before you are released. 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. 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. In addition to hearing the charges, it's common for judges to issue a protective order against you in domestic violence arraignments.
- Trial Preparation: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
- Trial: If the charges aren't dropped, and you can't find an agreeable plea deal, your attorney will fight your case in court.
Are You Allowed to Go Home After a Domestic Violence Arrest?
Depending on release conditions, you will have to wait. An emergency protective order can require you to move out immediately, and the criminal protective order issued at arraignment frequently orders you to stay away from the alleged victim and the shared home for as long as the case is open. 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, regardless of whether they asked you to or not, can result in additional criminal charges. 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 Redlands, 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
Restraining orders (also called protective orders) come in several types:
- 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: 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): In contrast to criminal protective orders, a DVRO can be issued by a family court judge. These can be difficult to fight because you may not be given notice of the initial order, and if granted, they can last for up to 5 years, then later be renewed for another 5 years or for life (Family Code § 6345).
Domestic Violence Accusations and Custody Cases
A domestic violence charge, even without a conviction, can seriously impact a child custody case. Family Code § 3044 instructs family court officials to automatically presume that giving custody to a parent who recently committed domestic violence is not in the child's best interest. Here are some key distinctions:
- The family court will make its own determination, rather than relying on criminal court outcomes.
- In addition to current and former romantic partners, the court will also look at possible violence committed against children in the relationship.
- A previously issued DVRO can be used as justification for denying custody.
Your attorney should be someone familiar with these aspects of family court in addition to the ins and outs of criminal court.
These cases are challenging, but there are things you can do to position yourself for success. The court will look at:
- What they think will be the best environment for the child
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, 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 Redlands, CA
A domestic violence conviction can result in major fines and jail time. Below, we've pulled together the penalties for the most common domestic violence and related charges in Redlands, CA.
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years) | Up to $6,000 (up to $10,000 with a qualifying prior) |
| Dissuading a Witness | PC § 136.1 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated) | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Criminal Threats | PC § 422 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions) | Up to $1,000 |
| Restraining Order Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Assault With a Deadly Weapon / Force Likely to Cause GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Misdemeanor: up to $6,000 Felony: up to $10,000 |
*These incarceration ranges and fines can be increased by aggravating factors. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. Always consult with your Redlands, CA, domestic violence attorney to understand the possible penalties for your case.
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 52-week 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 firearms
- No new law violations
Special note: While AB 1950 set a maximum general probation term at two years, domestic violence cases are an exception, due to their probation requirements being set in a separate statute.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Redlands, CA, domestic violence conviction can lead to the following:
- Loss of Firearm 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. Learn more in the immigration section below.
- Custody: A conviction often leads to the full loss of child custody after a family court case.
- Long-Term Protective Orders: 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
Even just an accusation of domestic violence can be seriously damaging for non-U.S. citizens, if a restraining order was issued. If either of the following are true, you could face deportation (INA § 237(a)(2)(E)):
- Any conviction that fits the federal criteria for domestic violence
- 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. Each immigration case should be treated as unique, as the specifics of your criminal conviction can affect how immigration court treats you.
Because our firm practices both criminal defense and immigration law, our criminal defense team and Redlands, 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
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: 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): While not available to everyone, mental health diversion can be a powerful option resulting in the dismissal of all charges. Typically, your criminal case is put on hold for up to 1 year (for misdemeanors) or 2 years (for felonies) while you undergo treatment.
- Military Diversion (PC § 1001.80): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- Reduction to a Misdemeanor (PC § 17(b)): 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): After you complete probation, you can generally petition to dismiss the conviction. Expungement helps with most private employers, but it doesn't restore gun rights and doesn't erase the conviction for immigration purposes.
What if the Alleged Victim Wants to Drop Charges?
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, but it will take more to beat the charges:
- The district attorney decides when to drop the case, not the supposed 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.
- Prior incidents can come in. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- 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 held in contempt if they refuse 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 collect the recantation from the victim, file motions against other forms of evidence, and use inconsistencies in the evidence to your advantage.
Defense Strategies Your Domestic Violence Attorney May Use
Your defense team knows that every case is unique, and your defense should be, too. Some cases are best defended by challenging how the evidence was gathered. Or perhaps you can show that there was a false accusation, and you're actually innocent. And others concede that someone was hurt but dispute intent or who started it.
Here are defense strategies our domestic violence attorneys may use in your case:
- False Accusation: Unfortunately, some domestic violence charges arise from false accusations. 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: Both domestic battery and corporal injury require a willful act. Accidental contact, like bumping someone while trying to leave, is not domestic violence.
- No Traumatic Condition: This defense is specific to inflicting corporal injury charges — if no injury occurred as a result of the alleged attack, the charges can be reduced or dismissed.
- Alleged Victim Recants: 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: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- Constitutional Violations: If police violated your rights during the investigation, we challenge the evidence and file motions to suppress it.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
When you call the Law Offices of David S. Chesley, our domestic violence defense team gets to work right away. Here's how the process works:
- Initial Consult: Before you make a decision, we offer a no-obligaction review of your case.
- Bail and Protective Orders: If you are not offered release by the court, we'll argue for lower bail and challenge any protective orders.
- Defense Against Interrogations: If police want to question you, we'll handle that contact and advise you on how to respond.
- Defense Investigation: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
- Strategy Development: When we have all the evidence we need, we'll decide on a defense strategy that maximizes your chances of a positive outcome.
- 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 Redlands district attorney and explore plea deal options.
- Trial Representation: If your case goes to trial, we'll present your defense to the 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 Redlands, CA
The Law Offices of David S. Chesley has defended Redlands, CA, residents against domestic violence charges since 2005. When you need a defense attorney in Redlands, we're ready to take your case.
Our Redlands defense team can offer you:
- 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.
- Available 24/7, because arrests can happen at any time.
- History of success. 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.
Redlands, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Redlands, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. If your case is charged as a misdemeanor, there's a good chance you can secure probation instead of jail time. Jail is still possible, and a conviction usually comes with mandatory domestic violence probation terms: at least 36 months of probation, a 52-week batterer's intervention program, and a restraining order. Always discuss your case with an attorney to find realistic plea deal options.
Is a domestic violence conviction in Redlands, CA, a felony?
It can be. 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)) only requires a willful, harmful or offensive touching of a current or former intimate partner. No injury is needed. Corporal injury (PC 273.5) is 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 Redlands, CA?
No. Once charges are filed, only the prosecutor can drop the charges. In Redlands, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. An alleged victim who recants or does not want the case to go forward can still help your defense, but that does not guarantee a dismissal.
Can I be arrested for domestic violence if there is no visible injury?
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..
Am I allowed to go home after release from 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 Redlands, CA?
In California, many misdemeanor charges qualify for diversion (where instead of going to jail, the accused individual fulfils special requirements before having the case dismissed) under PC 1001.95, but domestic violence is an exception. These types of charges are specifically excluded from PC 1001.95. However, some defendants may qualify for mental health diversion under PC 1001.36, and current or former service members charged with a misdemeanor may qualify for military diversion under PC 1001.80. While they are not options for everyone, they can make a major difference in eligible individuals' lives.
Can a domestic violence conviction be expunged in Redlands, CA?
Typically, yes. But it may look different depending on what you were charged with. A misdemeanor conviction is typically eligible for dismissal after the completion of probation, while felony corporal injury convictions can often be reduced to a misdemeanor. Expungement is a popular option because it can reduce your prior conviction's impact on your future career and housing. It does not restore firearm rights, however.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
Outside of special circumstances, yes. Both the state of California and the federal government have legal bans in place for firearm ownership when someone has been convicted of domestic violence: In California, domestic battery convictions carry a 10-year firearm ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions carry a lifetime ban in the state. For the federal government, any domestic violence conviction carries a lifetime firearms ban. Important Note: Always assume that federal law takes precedence over state law in these cases, as they are more restrictive. 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 Redlands, 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. Once you've been formally charged, your defense attorney will work with you to review the evidence, build a strategy, file motions, and negotiate with the prosecution. This takes up the bulk of the time your case is processing, and trials can extend them further.
Can a felony domestic violence charge be reduced to a misdemeanor in Redlands?
Yes. Because PC 273.5 is a wobbler, the state can charge it as either a misdemeanor or a felony. Your defense attorney can also advocate for reducing the charge, both with the prosecutor and with the judge.
What if I'm served with a restraining order while my criminal case is pending?
Always obey the protective order, even if the supposed victim changes their mind. Protective orders are a standard part of domestic violence cases, 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.
Get Help From an Expert Redlands, CA, Domestic Violence Lawyer
We are prepared to fight against domestic violence charges in Redlands — whatever you've been accused of, you shouldn't have to go through this process alone.
We also aid with the following legal services in Redlands, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Call an attorney at (800) 755-5174 or reach out online to plan a free, confidential review of the charges against you with a domestic violence lawyer in Redlands, CA.
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