Domestic violence is one of the most serious charges you can face in Santa Ana. This is because it has wide-reaching implications and collateral effects, even for a misdemeanor. If convicted, you should be facing a firearms ban, jail time, thousands of dollars in fines, and a difficult-to-escape criminal record. To protect your freedom, you need an experienced Santa Ana, CA, criminal defense attorney.
The two most common domestic violence charges in Santa Ana are domestic battery and corporal injury on a spouse or cohabitant. But these aren't like regular assault or battery charges — even if you didn't harm the other person, you are up against serious consequences like deportation.
Our 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 (you can contact us 24/7): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- Charges that count as domestic violence in Santa Ana
- 7 key steps to take if you're accused
- The post-arrest process for domestic violence
- What you could be facing in terms of protective orders and custody battles
- Domestic violence penalties in Santa Ana, CA
- Special considerations for immigrants and non-citizens
- Diversion, reductions, and expungement
- How prosecutors handle uncooperative alleged victims
- Defense options that may apply to your case
- How our attorneys handle domestic violence cases
- Why choose the Law Offices of David S. Chesley
- Common questions
If you've been accused of domestic violence, you need to move ASAP. Contact our criminal defense lawyers at (800) 755-5174 or use our contact form today for a no-strings consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Santa Ana, CA, Define Domestic Violence?
For criminal law, California Penal Code § 13700 determines what alleged victims count for domestic violence in California. This mainly includes people with whom you have a current or former romantic 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. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
Domestic violence charges hinge on the prosecution's ability to prove these three things:
- You willfully touched the alleged victim in a harmful or offensive way (and, if charged under PC § 273.5, that the contact caused injury);
- There were no extenuating circumstances like self-defense; 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: Intentionally touching a current or past romantic partner in a harmful manner — regardless of injury.
- 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 sprains and concussions.
- Misdemeanor or Felony: Wobbler—could be a misdemeanor or a felony
The Key Difference: Was There an Injury?
As described above, the main difference between a domestic battery charge and an inflicting corporal injury charge is injury: Domestic battery charges do not involve injuries to the alleged victim, while—as the name would imply—inflicting corporal injury on a spouse or cohabitant does involve an injury.
Charges Often Filed Alongside Domestic Violence
In Santa Ana, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:
- Criminal Threats (PC § 422): Telling or displaying that you intend to hurt someone else, whether or not you actually do. If convicted as a felony, this falls under California's three strikes law.
- Dissuading a Witness (PC § 136.1): Trying to stop someone from reporting a crime, cooperating with police, or testifying, including asking an alleged victim to "drop the charges."
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or 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): 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): Making a person afraid of you by following them and threatening them.
- Restraining Order Violations (PC § 273.6): Violating the terms of a court-issued protective or restraining order.
- Child Abuse (PC § 273d): Intionally harming and causing injury to a child.
- Elder Abuse (PC § 368): Physically or emotionally causing harm to an elderly or dependent adult.
- 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)): Trying to hurt another person emotionally by sharing nude, sexual, or otherwise intimate pictures of them, when intended to be private, without their permission.
Your Next Steps After a Santa Ana, CA, Domestic Violence Accusation
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Do not answer any questions or discuss your case with anyone.
- Ask for a lawyer, and don't answer questions until you have one.
- Request bail and/or release without bail.
- Follow every term of any emergency or criminal protective order.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Tell your defense attorney the full story. The conversation is confidential.
- Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.
Following these steps gives your case the best chance of a positive outcome. Call us today, whatever charges you're facing: (800) 755-5174.
Santa Ana's Central Justice Center handles domestic violence cases for Orange County residents, with many filings originating from the city's dense apartment complexes near Civic Center Plaza. The Law Offices of David S. Chesley navigate these matters at 700 Civic Center Drive West, addressing issues that often involve cultural dynamics and language barriers in the local community.
What Happens After a Domestic Violence Arrest in Santa Ana, CA?
Don't underestimate the justice system. Here's what you need to be prepared for after an arrest in Santa Ana, CA:
- Arrest: Officers only need probable cause. In Santa Ana, 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 many domestic violence cases, the state will elect to file an emergency protective order against the alleged offender after the arrest. This is not guaranteed, but can have major repercussions, potentially forcing you out of your home for a week.
- Police Interview: While under arrest, the police may ask you about the incident. While you should be respectful, you should not answer any questions without a lawyer present.
- Bail and Release: Bail may be available as a way for you to secure pretrial release. Many domestic violence charges mandate a bail hearing where your defense attorney can fight for your release, possibly even on your own recognizance.
- Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. 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. Arraignments are sometimes combined with bail hearings, in which case you'll be informed of the charges, asked to make a plea, informed of your bail requirements, and possibly issued a new restraining order.
- Pretrial Stage: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
Are You Allowed to Go Home After a Domestic Violence Arrest?
Often, you could be restricted from going home. 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.
Violating the order, whatever the circumstances, can ultimately hurt your case. If the alleged victim does reach out to you, speak with your attorney before responding or going to meet them. They can advise you on the best way to move forward without hurting your chances in court.
Domestic Violence, Restraining Orders, and Custody
A domestic violence accusation in Santa Ana, CA, isn't just a criminal charge. The intersection between the criminal case, restraining order, and custody battle is difficult for anyone to handle, but the right defense attorney will guide you through all of them.
Types of Restraining Orders in Domestic Violence Cases
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- 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.
These cases are challenging, but there are things you can do to position yourself for success. The court will weigh factors such as:
- The best interest of the child in question
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, as applicable
- Completion of a parenting class
- Compliance with probation and any protective orders
- How long ago the incident supposedly happened
The good news is that, even if custody is revoked, the accused parent will likely still have visitation rights, with restrictions. Your lawyer can help you file countermotions to regain custody and/or lift those restrictions.
Domestic Violence Penalties in Santa Ana, CA
Without your Santa Ana, 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 are statutory ranges, not predictions. Prior convictions and aggravating factors can increase them. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. Always consult with your Santa Ana, CA, domestic violence attorney to understand the possible penalties for your case.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- A minimum period of 3 years
- A criminal protective order protecting the alleged victim
- Completion of a 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
Here are of the potential collateral consequences for a domestic violence conviction in Santa Ana:
- 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 lead to deportation or block a green card or citizenship. Learn more in the immigration section below.
- Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
- Long-Term Protective Orders: If the court and/or alleged victim choose to pursue restraining orders, you could be subject to them for years, or even permanently.
- Employment and Licensing: If a conviction appears in background checks, it can become a hurdle to future job applications.
- Relationships and Reputation: Your current relationship will likely be strained, and future potential partners may avoid you if they find out about your conviction.
Domestic Violence Charges and Immigration
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)):
- A conviction for a crime of domestic violence, as defined in U.S. federal law
- 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. While some charges are typically treated more lightly than others (for example, domestic battery often results in less serious consequences than inflicting corporal injury), this is not guaranteed, and can depend on the specific facts surrounding your case.
If you're a noncitizen, you don't just need a criminal defense law firm. You need an immigration lawyer who can help you understand the potential impacts of these charges. Plea deals that seem appealing on the surface can have hidden immigration consequences — an attorney can help you make an informed choice.
Diversion, Reductions, and Clearing Your Record
A domestic violence arrest doesn't have to end in a permanent conviction. Standard misdemeanor diversion under PC § 1001.95 is not available because the law expressly excludes domestic violence and stalking charges. But depending on your case, other options may include:
- Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- Mental Health Diversion (PC § 1001.36): While not available to everyone, mental health diversion can be a powerful option resulting in the dismissal of all charges. Typically, your criminal case is put on hold for up to 1 year (for misdemeanors) or 2 years (for felonies) while you undergo treatment.
- Military Diversion (PC § 1001.80): If you are a current or past member of the United States armed forces, and were charged with a misdemeanor, military treatment court may offer a problem-solving focus, rather than a punishment focus.
- Reduction to a Misdemeanor (PC § 17(b)): Inflicting corporal injury can be charged as either a felony or a misdemeanor — your attorney can bargain for a reduction with the prosecutor, argue for misdemeanor status at sentencing, or petition for reduction after the completion of probation.
- Expungement (PC § 1203.4): 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 Recants?
Your case may have started with the alleged victim calling the police and making a report against you in the heat of the moment. If emotions cooled down, they may realize they made a mistake and ask to take back their accusations. When this happens, it is a major benefit to the defense, but it will take more to beat the charges:
- 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.
- Prior incidents can come in. Evidence Code § 1109 allows prosecutors to introduce evidence of other alleged acts of domestic violence, generally from the past 10 years.
- Your spouse may be forced to testify against you. A married couple ordinarily is immune to compelled testimony against the other, but California law makes an exception in domestic violence cases.
NEVER reach out to the alleged victim in your domestic violence case. This could be construed as intimidation, regardless of your intentions. If they do want to recant, tell your defense lawyer, who can help take their statement. Your attorney can lawfully present the alleged victim's account, file motions against other forms of evidence, and build a case that attacks the weaknesses in the prosecution's argument.
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. Illegal evidence collection can act as a valid defense in some cases. Others may depend on an alibi that shows you weren't there at the time. 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. Your defense attorney should consider the potential motives of the accusor.
- Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- Dominant Aggressor: When both people were physically involved, the key question is who was the primary aggressor. Injuries, prior history, witness accounts, and 911 recordings can show that you were defending yourself, not the one who started it.
- 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: 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: The alleged victim can't drop the charges, but a recantation can weaken the prosecution's case and support a dismissal or a better plea offer.
- 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: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
- Constitutional Violations: If the prosecution's case hinges on evidence that was collected illegally, we will challenge it, file motions to suppress it, and argue for charges to be dismissed entirely.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
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: Everything starts with a free, confidential case review.
- 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.
- Interview Management: Don't try to face a police interrogation alone — we will stand by your side 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: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- Pretrial Motions: While the trial is pending, we'll file motions that protect your rights and fight against misconduct.
- Plea Negotiations: Our firm can talk to the Santa Ana district attorney and explore plea deal options.
- Trial Representation: If you don't get a plea deal that you want to accept, we'll go to trial and argue your case in front of a judge and jury.
- Sentencing Advocacy and Appeals: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Santa Ana, CA
Our firm has over 50 years of combined courtroom experience. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
Here's what sets us apart from other criminal defense firms in Santa Ana, CA:
- Former prosecutors on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Combination criminal defense and Santa Ana immigration services, so noncitizen clients get advice on both before any plea.
- Available 24/7, because domestic violence arrests rarely happen during business hours.
- Reputation for delivering. Read about our recent case results, including domestic violence cases.
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.
Santa Ana, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Santa Ana, CA?
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 protective order. Always discuss your case with an attorney to find realistic plea deal options.
Does California consider domestic violence a felony?
Whether or not a domestic violence conviction is a felony depends on the exact charge. While domestic battery can only be charged as a misdemeanor, inflicting corporal injury could be either a misdemeanor or a felony. Related charges such as criminal threats, stalking, and dissuading a witness are also wobblers.
What is the difference between domestic battery and corporal injury?
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 Santa Ana, CA?
No. Once charges are filed, only the prosecutor can drop the charges. In Santa Ana, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. It's always helpful to have the victim recant, as that can give your defense attorney a way to challenge the prosecution's case.
Can 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. 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). 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 Santa Ana, CA?
Typically, diversion is not an option in Santa Ana domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). That said, depending on your background and circumstances, you might have other options. For example, PC 1001.80 provides current and former U.S. military personnel a diversion option for certain offenses (including some domestic violence charges), if they are suffering from specific, often service-related, challenges. These can be great options for eligible individuals, who can avoid a domestic violence conviction on their record.
Can a domestic violence conviction be expunged in Santa Ana, CA?
Usually, 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. 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?
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 Santa Ana, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. 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?
Yes. Because PC 273.5 is 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, 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.
Don't Fight Charges Alone: Contact Your Santa Ana, CA, Domestic Violence Lawyer Today
We are prepared to fight against domestic violence charges in Santa Ana — 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 Santa Ana, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to an attorney at (800) 755-5174 or get in touch online to set up a private consult with a domestic violence lawyer in Santa Ana, CA.
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