You never thought it would come to this. Maybe it was a verbal fight that turned physical. Perhaps your hand slipped by mistake. Or the allegations might be made up. Now, you could lose your house, your children, your freedom, and even more. But you're not alone. Your criminal defense attorney in San Diego, CA will fight for your rights.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In San Diego, 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 San Diego 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.
- Contact us (you can reach us by phone around the clock): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- Charges that count as domestic violence in San Diego
- Important steps to take if you've been accused of domestic violence in San Diego, CA
- The post-arrest process for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence penalties in San Diego, CA
- Immigration consequences for noncitizens
- Strategies to mitigate the penalties
- How prosecutors handle uncooperative alleged victims
- Defense strategies
- The different steps we take in building a defense
- Why you should work with us as your domestic violence lawyers
- FAQs
If you've been accused of a crime, act fast. Contact 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 Is a Domestic Violence Charge in San Diego?
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 sets rules and standards. In addition to current and former romantic partners, it includes close family members. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
There are three main elements the prosecution will attempt to prove in your San Diego, CA, domestic violence case:
- You intentionally and aggressively touched the alleged victim (and, for corporal injury, that the contact caused trauma);
- Special defenses like self-defense do not apply; 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: 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 internal bleeding.
- 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 San Diego, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:
- Criminal Threats (PC § 422): 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): Any form of action taken to prevent someone from reporting a crime or helping the state's case
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Restraining someone or keeping them from leaving, such as blocking a doorway.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): 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): 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): Touching an intimate part of another person against their will for sexual arousal, gratification, or abuse.
- 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 San Diego, 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.
- Work with your attorney to get released on bail or your own recognizance.
- 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.
- Don't hold back when speaking with your defense attorney — they need to know 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.
It's critically important for you to make the right decisions now. Our phones are ready 24/7 if you have any questions: (800) 755-5174.
San Diego's diverse neighborhoods like Clairemont Mesa and Mira Mesa see domestic violence cases that hinge on local law enforcement practices and cultural nuances. The Law Offices of David S. Chesley navigate these complexities at the San Diego Central Courthouse and South Bay Courthouse, advocating for clients where miscommunication or cultural misunderstandings may have led to charges.
What Happens After a Domestic Violence Arrest in San Diego, CA?
Don't underestimate the justice system. Here's what you need to be prepared for after police show up in San Diego, 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 Questioning: There aren't always interrogations, but you should be prepared for one. 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. This will be based on the police report and any corroborating evidence. PC § 825 sets timing guidelines for arraignments in California: Outside of exceptional circumstances, the prosecution is required to formally charge you in an arraignment within 48 hours, excluding Sundays and holidays. At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- Trial Preparation: Before a trial, your defense attorney will review the evidence, file motions where applicable, and try to negotiate a favorable plea deal.
Can You Go Home After a Domestic Violence Arrest?
Depending on release conditions, you may not be allowed back in your home. 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 ultimately hurt your case. Your attorney can ask the judge to modify the order, for example to a "peaceful contact" order that allows you to return home or co-parent as long as there's no harassment or violence.
Domestic Violence, Restraining Orders, and Custody
It's normal for a domestic violence charge in San Diego, CA, to also result in battles related to custody and/or restraining orders. A single incident can lead to a criminal case, a restraining order case, and a custody fight at the same time, and what you say in one can be used in the others. Your defense attorney should coordinate all three.
Types of Restraining Orders in Domestic Violence Cases
Restraining orders (also called protective orders) come in several types:
- Emergency Protective Orders: Requested by police from an on-call judge right after an incident. No arrest is required. They last up to 5 court days or 7 calendar days, whichever comes first, giving the alleged victim time to request a longer order.
- Criminal Protective Orders: California criminal protective orders are described in PC § 136.2. For domestic violence cases, they can last through the entire pretrial process and be extended for another 10 years after a conviction.
- 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
It doesn't matter if you weren't convicted. Under Family Code § 3044, family court can make its own determination if a parent committed domestic violence, and issue custody findings as a result. Family court uses a wider definition of domestic violence, including harming:
- The other parent,
- The child, or
- The child's siblings.
In particular, you need to watch out for situations where a DVRO was granted — this can be the deciding factor.
The presumption can be overcome. The court will consider:
- The best interest of the child in question
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, as applicable
- Completion of a parenting class
- Compliance with probation and any protective orders
- Whether there have been any further acts of domestic violence
If the family court does not decide to remove the custody of the parent who's been accused of domestic violence, they must issue a statement explaining why they are granting custody to that parent.
Domestic Violence Penalties in San Diego, 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 San Diego, 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 |
*Please note that some penalties can be enhanced by aggravating circumstances and criminal records. 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 San Diego, CA, domestic violence attorney about the penalties you are actually facing.
Domestic Violence Probation
California judges follow a legal framework to help them decide on probation requirements in criminal cases. Normally, they have some leeway, but PC § 1203.097 sets some mandatory terms in domestic violence cases:
- 36 months or more of probation
- A criminal protective order protecting the alleged victim
- Completion of a 52-week batterer's intervention program
- If you can afford it, a $500 payment to domestic violence programs
- Community service
- Loss of firearms
- 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 San Diego, CA, domestic violence conviction can lead to the following:
- Loss of Gun Rights: The different types of domestic violence convictions lead to different types of firearm bans:
- Domestic Battery (Misdemeanor): 10-Year California ban, lifetime federal ban
- Corporal Injury (Misdemeanor): Lifetime California ban (if convicted on or after January 1, 2019), lifetime federal ban
- Corporal Injury (Felony): Lifetime California and federal ban
- Immigration Consequences: 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: If a conviction appears in background checks, it can become a hurdle to future job applications.
- Relationships and Reputation: A conviction can strain your current relationship and follow you socially and professionally.
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. 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 judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)
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 San Diego, 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: 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): Mental health diversion is an option if you have a qualifying mental health condition that contributed to your behavior. By participating in a treatment program, you can secure a dismissal of all charges.
- Military Diversion (PC § 1001.80): 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)): A felony PC 273.5 conviction can be reduced to a misdemeanor, either at sentencing or after 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 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. Having the alleged victim on your side is a big help, their words can still be used against you:
- Prosecutors can sometimes proceed without the alleged victim. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- Your history may be used against you. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- 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)).
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, challenge previous statements if brought up by the prosecution, and build a case that attacks the weaknesses in the prosecution's argument.
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. 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: Some domestic violence charges arise from false accusations, often during a breakup or custody dispute. Your defense attorney should consider the potential motives of the accusor.
- 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: 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: While the alleged victim cannot drop the criminal charges, their recantation can prove valuable as a part of your defense.
- Reasonable Doubt: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge beyond a reasonable doubt.
- Alibi: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- 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:
- Initial Consult: 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: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
- 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: Our firm can talk to the San Diego district attorney and explore plea deal options.
- Trial Representation: Most cases end in a plea bargain, but you have the right to a trial — if you exercise it, we'll go to court with you.
- 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 San Diego, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your San Diego, CA, domestic violence case. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
When you work with us, you're getting:
- Former district attorneys on our team that can draw on their experience on the other side of the courtroom.
- Local courtroom experience in San Diego, CA court and with the county's domestic violence procedures, protective orders and probation requirements.
- Combination criminal defense and San Diego immigration services, so noncitizen clients get advice on both before any plea.
- Available 24/7, so that you can get a hold of our team around the clock.
- Reputation for delivering. You can see some of our recent case results of how we've delivered for clients.
In 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.
Every case is unique — examples used above are not necessarily representative of future case results.
San Diego, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in San Diego, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. Probation is a common outcome for first-time offenders when there was no major injury. If you are given probation, it will include several terms, including the following: at least 36 months of probation, a 52-week batterer's intervention program, and a protective order. Always discuss your case with an attorney to find realistic plea deal options.
Is domestic violence a felony in San Diego, CA?
Whether or not a domestic violence conviction is a felony depends on the exact charge. 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 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)) only requires a willful, harmful or offensive touching of a current or former intimate partner. No injury is needed. 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 San Diego, CA?
No. Even if the alleged victim recants, only the prosecutor can drop the charges. 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 police arrest me for domestic violence if nobody is hurt?
Yes. For police to make an arrest, they only need probable cause — not to witness a crime occurring or observe an injury. In fact, they are required to make an arrest in domestic violence cases if there is probable cause.
Can I go home after a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.
Can I get diversion for a domestic violence charge in San Diego, 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. Ask your lawyer if you qualify for either of these diversion tracks.
Can a domestic violence conviction be expunged in San Diego, 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.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
Most likely, you will lose your firearm rights. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. 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 San Diego, 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 that, the pretrial phase of discovery, investigation, motions, and plea negotiations usually takes several months, and cases that go to trial take longer.
Can a felony domestic violence charge be reduced to a misdemeanor?
Yes. Because PC 273.5 is a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What should I do if I'm served with a restraining order while my criminal case is pending?
Always obey the protective order, or you could end up facing additional charges. Protective orders are a standard part of domestic violence cases, and even if the alleged victim reaches out to you, you can face consequences for breaking the conditions. Your defense lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.
Talk to a San Diego, CA, Domestic Violence Defense Lawyer Now
We are prepared to fight against domestic violence charges in San Diego — whatever you've been accused of, you shouldn't have to go through this process alone.
Our firm can also assist you with the following legal services in San Diego, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak with a lawyer at (800) 755-5174 or contact us online to schedule a no-strings attached review of the charges against you with a domestic violence lawyer in San Diego, CA.
Payment Plans
