A domestic violence arrest in Santa Clarita, CA, can turn your world upside down. You could lose your relationship, your career, and your freedom. It doesn't matter whether it was an accident, a false accusation, or some other kind of misunderstanding. You need an expert Santa Clarita, CA, criminal defense attorney to protect your rights.
Domestic violence is different from regular violent crimes because of the status of the alleged victim: If it was your spouse, dating partner, co-parent, or someone you used to date and/or live with, you can face special domestic violence charges like domestic battery or corporal injury on a spouse or cohabitant.
Our domestic violence defense team 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:
- Plead the fifth.
- Contact us (you can contact us at all times): (800) 755-5174.
- Obey any protective order, and don't contact the alleged victim.
On this page:
- What counts as domestic violence, and the charges that come with it
- 7 key steps to take if you're accused
- The post-arrest process for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence penalties in Santa Clarita, 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 doesn't cooperate
- Powerful defensive tactics
- How our attorneys handle domestic violence cases
- What sets our lawyers apart
- Common questions
If someone is saying that you committed domestic violence, you need to move ASAP. Talk to our criminal defense lawyers at (800) 755-5174 or reach out online now for a no-strings consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Counts as Domestic Violence in Santa Clarita, CA?
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 different criteria than criminal law. For protective 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.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You willfully touched the alleged victim in a harmful or offensive way (and, specifically for inflicting corporal injury on a spouse or cohabitant, that the touching caused trauma);
- There were no extenuating circumstances like self-defense; 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: Purposely hurting a current or former romantic partner that causes a particular physical injury—any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
- Misdemeanor or Felony: Wobbler (could be a misdemeanor or a felony)
The Key Distinction: Was There an Injury?
The presence of an injury is the difference between domestic battery and corporal injury charges — because of this, many corporal injury cases involve extensive review of medical records, where your Santa Clarita defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed With Domestic Violence
Domestic violence might be limited to corporal injury and domestic battery, but violent crime charges in general include several more examples. You could also be facing accusations of:
- Criminal Threats (PC § 422): Scaring someone by indicating that you intend to cause them harm. If convicted as a felony, this falls under California's three strikes law.
- 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 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)): 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): Acting in violation of a restraining order issued by the court.
- Child Abuse (PC § 273d): Willfully inflicting cruel or excessive physical punishment or injury on a child, sometimes charged when a child is hurt during a domestic incident.
- Elder Abuse (PC § 368): Abusing or neglecting someone 65 or older, or a dependent adult, such as an elderly parent.
- Sexual Battery (PC § 243.4): With a sexual motive, touching another person's privates without permission.
- Revenge Porn (PC § 647(j)(4)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
What to Do if You've Been Accused of Domestic Violence in Santa Clarita, CA
What you do now can make all the difference for your future. Don't miss any of the below steps if you want to maximize your chances of a positive outcome:
- Do not answer any questions or discuss your case with anyone.
- Exercise your sixth amendment right to an attorney.
- Request bail and/or release without bail.
- Follow every term of any emergency or criminal protective order.
- Collect any evidence that could be relevant to your case.
- 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. Call us today, whatever charges you're facing: (800) 755-5174.
Santa Clarita's suburban sprawl and family-heavy neighborhoods near the Valencia Town Center create pressures that can lead to domestic violence allegations in high-density housing along McBean Parkway. The Law Offices of David S. Chesley appear at the Santa Clarita Courthouse on Valencia Boulevard, applying strategies tailored to Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Santa Clarita, 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 Santa Clarita, 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: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to jail.
- Emergency Protective Order: Officers can request an emergency protective order from an on-call judge, often the same night. It can order you to stay away from the alleged victim and move out of the home for up to 5 court days or 7 calendar days, whichever comes first.
- 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. Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: While the police make an arrest, they aren't the ones that charge you. The decision on what to charge rests with the prosecutor. In the City of Santa Clarita, CA, domestic violence charges are typically prosecuted by the local district attorney. 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: 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?
In many Santa Clarita, CA, domestic violence cases, you could be restricted from going home. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. It doesn't matter if the alleged victim recants.
Breaking a protective order, even with their consent, can lead to new charges. 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
A domestic violence accusation in Santa Clarita, 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: These are a short-term restraining order, lasting 5 court days or 7 calendar days (whichever comes first). They are typically administered after a domestic violence arrest, but the arrest is not required for the police officer to file for one.
- Criminal Protective Orders: 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
A domestic violence accusation can become the hinge of a child custody case. The custody battle can run in parallel with the criminal case, so you could lose custody even before you reach an outcome on the related criminal charges. At the same time, these cases will affect each other — be sure to work with an attorney who knows how to navigate both criminal court and family court to beat the presumption of abuse.
You're fighting an uphill battle, but it's not impossible. The judge will weigh factors such as:
- The best interest of the child in question
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, if appropriate
- Completion of a parenting class
- Compliance with probation and any protective orders
- How long ago the incident supposedly happened
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 Santa Clarita, 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 Santa Clarita, 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 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. To get a full breakdown of the potential penalties in your case, talk to your Santa Clarita, CA, domestic violence defense lawyer.
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:
- 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
- Loss of firearms
- No new law violations
California's 2021 law capping most probation terms at one or two years (AB 1950) does not shorten domestic violence probation, because the domestic violence probation statute sets its own length.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Santa Clarita, CA, domestic violence conviction can lead to the following:
- Loss of Second Amendment 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: 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: A conviction can strain your current relationship and follow you socially and professionally.
Domestic Violence Charges and Immigration
For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- 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)
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.
If you're 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
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): 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): Veterans treatment courts are available for some misdemeanors when the alleged offender has a qualifying condition (like substance misuse), and does not present a threat to public safety.
- 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): While expungement does not perfectly restore your record, it can help with future employment applications.
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, but it will take more to beat the charges:
- The state can move forward with the case regardless of the alleged victim's wishes. If they can, they'll build a case against you using other evidence besides the alleged victim's testimony. Your defense attorney can challenge the constitutional viability of any related evidence they attempt to use.
- Prior incidents can come in. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- Spousal privilege doesn't apply. While your spouse typically can refuse to testify against you in criminal court, Evidence Code § 972(e) makes an exception for domestic violence cases.
- Victims can't be held in contempt if they refuse to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
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 collect the recantation from the victim, challenge the use of out-of-court statements, and build a case that attacks the weaknesses in the prosecution's argument.
Defense Strategies Your Domestic Violence Attorney May Use
Your domestic violence lawyer will evaluate the specifics of your case and choose the defense that fits it best. Some cases are best defended by challenging how the evidence was gathered. 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: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. If the alleged victim's motives are in question, we will highlight that.
- Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- Dominant Aggressor: Related to self-defense, if you fought back and both of you ended up injured, your attorney can argue that the other party was the dominant aggressor.
- Lack of Intent or Accident: PC § 243(e)(1) and PC § 273.5 both require an intent aspect for a conviction. One defense option to explore is whether or not the injury was caused by accident.
- No Traumatic Condition: If you're charged with inflicting corporal injury on a spouse or cohabitant, a possible defense is that no injury occurred. This isn't as likely to result in a full dropping of charges, but can result in the reduction to misdemeanor domestic battery.
- Alleged Victim Recants: As discussed above, it's not possible for the supposed victim to drop criminal charges. However, if they recant, that can create a major hole in the case against you, which your defense attorney can exploit.
- Reasonable Doubt: In the eyes of the law, you are guilty until proven innocent. If the prosecution fails to prove your guilt beyond a reasonable doubt, your defense attorney should highlight this.
- Alibi: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
- Constitutional Violations: 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
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: Everything starts with a free, confidential case review.
- Release and Protective Orders: We work to get you released and, where appropriate, ask the court to modify protective orders so you can return home or see your children.
- Guidance During Questioning: You deserve more than just the same advice to stay silent — we can tell you the best way to interact with law enforcement.
- Defense Investigation: 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: While the trial is pending, we'll file motions that protect your rights and fight against misconduct.
- Plea Negotiations: During the pretrial phase, we'll reach out to Santa Clarita prosecutors to negotiate positive plea deals on your behalf.
- Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
- Sentencing Advocacy and Appeals: We don't stop after the trial — if convicted, we'll advocate for a lower sentence and help you explore appeal options.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Santa Clarita, CA
Our firm has over 50 years of combined courtroom experience. When you need a defense attorney in Santa Clarita, we're ready to take your case.
Our Santa Clarita defense team can offer you:
- Former district attorneys on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
- Local courtroom experience from a team that services counties across all of California.
- Criminal defense and immigration under one roof, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, because arrests can happen at any time.
- Results for clients. You can see some of our recent case results of how we've delivered for clients.
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.
Every case is unique — examples used above are not necessarily representative of future case results.
Santa Clarita, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Santa Clarita, 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. 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. An experienced defense lawyer can often negotiate a reduced charge or a better outcome.
Is a domestic violence conviction in Santa Clarita, CA, a felony?
That depends on what the Santa Clarita prosecutor chooses to charge in your case. 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 can also be charged as either a misdemeanor or a felony.
What is the difference between domestic battery and corporal injury?
Domestic battery (PC 243(e)(1)) includes an intentional, nonconsensual form of physical contact that hurts or offends a current or former romantic partner. It does not matter whether or not an injury was caused. Corporal injury (PC 273.5) requires that the touching caused a "traumatic condition," meaning any wound or injury, however minor, including injury from strangulation. Because of that injury requirement, corporal injury is the more serious charge and can be filed as a felony.
Can the victim drop domestic violence charges in Santa Clarita, CA?
No. Once charges are filed, only the prosecutor can decide not to pursue the case. In Santa Clarita, 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. 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.
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). 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.
Can I get diversion for a domestic violence charge in Santa Clarita, CA?
Typically, diversion is not an option in Santa Clarita domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). 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. 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 Clarita, CA?
Typically, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). An expungement does not restore firearm rights, and it does not erase the conviction for immigration purposes.
Will a domestic violence conviction take away my gun rights?
Very likely. Typically, a misdemeanor conviction does not result in a firearms ban, but domestic violence charges are an exception. Due to the elevated risk factors firearms pose in domestic violence situations, both the California State and U.S. Federal governments have imposed harsh restrictions on firearm ownership for domestic violence offenders. Any domestic violence conviction will result in a lifetime federal firearms ban. California's state laws depend on the specifics of your case: A misdemeanor PC § 243(e)(1) conviction is only a 10-year California firearm ban, while a misdemeanor PC 273.5 conviction on or after January 1, 2019 is a lifetime California ban, as is any felony conviction. Domestic violence restraining orders and protective orders also require you to give up your firearms while they are in effect.
How long does a domestic violence case take in Santa Clarita, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. If you've just been accused and arrested, the state has 48 hours to either charge you with a crime or release you (excluding 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 pc 273.5 charge be reduced to a misdemeanor in Santa Clarita, CA?
Yes. Because a corporal injury charge a wobbler, your attorney may be able to negotiate a misdemeanor filing or plea, or ask the judge to reduce a felony to a misdemeanor under PC 17(b), either at sentencing or after probation is completed.
What should I do if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, or you could end up facing additional charges. Most domestic violence cases include restraining orders against the alleged offender, and 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 Clarita, CA, Domestic Violence Lawyer Today
We are prepared to fight against domestic violence charges in Santa Clarita — 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 Santa Clarita, 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 contact us online to schedule a private review of the charges against you with a domestic violence lawyer in Santa Clarita, CA.
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