Domestic violence is one of the most serious charges you can face in Santa Monica. 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 Monica, CA, criminal defense attorney.
The key points you need to know are this:
- The main domestic violence charges in Santa Monica, CA, are domestic battery and corporal injury on a spouse or cohabitant
- Domestic battery does not require injury, and is charged as a misdemeanor.
- Inflicting corporal injury requires causing active harm, and can be considered either a felony or a misdemeanor.
- People often also face additional charges, such as criminal threats or violating a protective order.
- It's critically important to obey any no-contact orders.
- In addition to formal penalties, domestic violence convictions have serious custody and firearm rights implications.
Whatever your situation is, don't try to handle it alone.
Our domestic violence defense team will defend your rights and challenge the prosecution's narrative. We will listen to your story, build a defense around it, and keep you informed about updates to your case — and we're ready to get started today.
Protect Yourself by Taking These Three Steps:
- Politely decline to answer questions.
- Contact us (you can contact us at all times): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- How domestic violence is defined
- What to do if you're accused
- The post-arrest process for domestic violence
- What you could be facing in terms of protective orders and custody battles
- Possible formal and collateral consequences of a domestic violence conviction
- Special considerations for immigrants and non-citizens
- Diversion, reductions, and expungement
- What to be aware of if the supposed victim does not want to testify
- Powerful defensive tactics
- How our defense process works
- Why choose the Law Offices of David S. Chesley
- Frequently asked questions
If you've been accused of a crime, don't wait. Call our criminal defense lawyers at (800) 755-5174 or use our contact form now for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Santa Monica, 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 protective orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You willfully touched the alleged victim in a harmful or offensive way (and, if charged under PC § 273.5, that the touching 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: 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: 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 Monica defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed With Domestic Violence
In Santa Monica, 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. If convicted as a felony, this falls under California's three strikes law.
- Dissuading a Witness (PC § 136.1): Taking steps to stop a person from reporting a crime, helping investigators, or testifying in court
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away 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)): Using a weapon, or massive force, in an attack that could seriously hurt another person.
- 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): Physically hurting a child, either completely unjustified or through excessive punishment.
- 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)): Intentionally distributing private intimate images of someone without consent, knowing it will cause them serious emotional distress.
How to Handle Domestic Violence Allegations in Santa Monica, CA
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Exercise your sixth amendment right to an attorney.
- Do what you can to secure pretrial release.
- Follow every term of any emergency or criminal protective order.
- 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.
- 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 Monica's coastal lifestyle and high-density neighborhoods near the Third Street Promenade create pressures that can lead to domestic violence allegations in apartment complexes along Ocean Avenue. The Law Offices of David S. Chesley appear at the Santa Monica Courthouse on Fourth Street, applying strategies tailored to Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Santa Monica, CA?
Don't underestimate the justice system. Here's what typically happens after an arrest in Santa Monica, CA:
- Arrest: An arrest isn't guaranteed after a domestic violence call, but they often occur. According to PC § 836(d), an officer does not need to witness a domestic violence incident in order to have probable cause to make an arrest. Additionally, PC § 13701 guides them to arrest the "dominant aggressor" in cases where both parties claim the other attacked them.
- 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 Questioning: There aren't always interrogations, but you should be prepared for one. Politely decline to speak without an attorney.
- 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. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). 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.
- Trial Preparation: At this point, it is time for you and your attorney to build your defense, engage in negotiations, review the evidence, and prepare for trial.
- Trial: If the prosecutor won't work with you, and/or none of the plea bargains they offer are acceptable, your attorney will stand by your side while you fight for a favorable verdict in court.
Are You Allowed to Go Home After a Domestic Violence Arrest?
In many Santa Monica, CA, domestic violence cases, 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. Even in cases where the alleged victim reaches out to you, it's often illegal for you to respond or go to meet them.
Breaking a protective order, regardless of whether they asked you to or not, can have a major, negative impact on 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
A domestic violence accusation in Santa Monica, CA, isn't just a criminal charge. 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: 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: Issued by the criminal court, usually at arraignment and at the prosecutor's request. They last while the case is pending, and after a domestic violence conviction the judge can issue one for up to 10 years (PC § 136.2).
- Domestic Violence Restraining Orders (DVROs): It's difficult to fight a criminal protective order, but arguable even harder to fight a DVRO. These are filed in family court, not in criminal court, and are defined in Family Code § 6345. The key thing for you to be aware of is the initial hearing, which typically occurs about three weeks after the incident and initial filing. You may not be given notice of this order, making it even harder to fight. If granted, these orders can last up to 5 years on an initial run, and a further 5 years (or even lifetime) if renewed.
Domestic Violence Accusations and Custody Cases
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.
These cases are challenging, but there are things you can do to position yourself for success. The court will consider:
- Whether giving that parent custody is in the child's best interest
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, as applicable
- Completion of a parenting class
- Compliance with probation and any protective orders
- How long ago the incident supposedly happened
Domestic Violence Penalties in Santa Monica, 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 Monica, 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 Monica, 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
- The issuance of a restraining order in defense of 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
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 Monica:
- 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: Domestic violence convictions can count as a crime of moral turpitude, leading to deportation. Learn more in the immigration section below.
- Custody: A conviction often leads to the full loss of child custody after a family court case.
- Long-Term Protective Orders: 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: A conviction appears on background checks and can affect professional licenses, security clearances, and jobs working with children or vulnerable adults.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
Immigrants and non-U.S. citizens face additional challenges on top of criminal penalties. 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)
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. Each immigration case should be treated as unique, as the specifics of your criminal conviction can affect how immigration court treats you.
Don't settle for a plea deal without speaking to an experienced Santa Monica, CA, immigration lawyer. This can end up as a conviction on your record, leading to immigration consequences and possibly even deportation. Our firm is prepared to help you fight this and file for cancellation of removal.
Diversion, Reductions, and Clearing Your Record
Diversion options for domestic violence look different than with standard California criminal charges. PC § 1001.95 offers standard misdemeanor conversion, but this does not apply to domestic violence cases. Instead, you can explore the following:
- 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): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- Reduction to a Misdemeanor (PC § 17(b)): A felony PC 273.5 conviction can be reduced to a misdemeanor, either at sentencing or after 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?
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. Having the alleged victim on your side is a big help, 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.
- Your record can be examined. Evidence Code § 1109 allows prosecutors to introduce evidence of other alleged acts of domestic violence, generally from the past 10 years.
- Spousal privilege doesn't apply. A married couple ordinarily is immune to compelled testimony against the other, but California law makes an exception in domestic violence cases.
- Victims can't be jailed for refusing to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
Important Note: 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 inform the court that the supposed victim is recanting, challenge the use of out-of-court statements, and highlight any contradictions and/or inconsistencies.
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. Still others may be built around intent, if the alleged victim was hurt accidentally.
Here are defense strategies our domestic violence attorneys may use in your case:
- False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. 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: 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: 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: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- Constitutional Violations: If police violated your rights during the investigation, we challenge the evidence and file motions to suppress it.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges in Santa Monica, CA
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:
- Confidential Consult: Before you make a decision, we offer a no-obligaction review of your case.
- Bail and Protective Orders: We will fight for pretrial release in your case, and if there is a protective order against you, we'll fight for its reduction so that you can go back home.
- 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: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: During the pretrial phase, we'll reach out to Santa Monica 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 Monica, 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.
Our Santa Monica 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.
- Criminal defense and immigration under one roof, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, because domestic violence arrests rarely happen during business hours.
- History of success. 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 Monica, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Santa Monica, CA?
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: a minimum of 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?
That depends on what the Santa Monica 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 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) is different in that the touching resulted in a traumatic injury, such as a bruise. It is also different in that it can be charged as a felony, at the prosecutor's discretion.
Can the victim drop domestic violence charges in Santa Monica, CA?
No. Regardless of what the supposed victim wants, 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. Probable cause for a domestic violence arrest can include the alleged victim's story or signs of violence (like property damage) besides an injury — it does not require a visible injury. Visible injuries often count as probable cause, but Santa Monica police officers look at the whole picture, not just cuts and bruises.
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. According to 8 U.S. Code § 1227, noncitizens convicted of domestic violence, stalking, child abuse, and/or violation of a restraining order are eligible for deportation. Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.
What diversion options are available for a domestic violence charge in Santa Monica, CA?
Standard misdemeanor diversion under PC 1001.95 is not available for domestic violence charges. However, there are other diversion tracks that you might be able to make use of. One example is PC 1001.36 mental health diversion — if you suffer from a mental health condition like PTSD or bipolar disorder, and that significantly contributed to the commission of the offense, you might be eligible for this diversion track. While they are not options for everyone, they can make a major difference in eligible individuals' lives.
Can a domestic violence conviction be expunged in Santa Monica, CA?
Typically, yes. But it may look different depending on what you were charged with. A misdemeanor conviction is typically eligible for dismissal after the completion of probation, while felony corporal injury convictions can often be reduced to a misdemeanor. An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
Outside of special circumstances, yes. 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. These are separate from any restraining order restrictions, which often ban firearm possession for their duration.
How long does a domestic violence case take in Santa Monica, CA?
The actual timeline depends on the specifics of your case — a general range is from a few months to a year or more. If you are in custody, the initial arraignment and bail phase typically occurs within 48 hours (excepting 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 a corporal injury charge 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, even if the supposed victim changes their mind. Protective orders are a standard part of domestic violence cases, and if you break any of the conditions, this could be used against you in court. Your defense lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.
Get Help From an Expert Santa Monica, CA, Domestic Violence Lawyer
Right now, you need to make a decision that can affect the rest of your life. The Law Offices of David S. Chesley is here to help guide you at every step of the process.
The Law Offices of David S. Chesley also offers the following legal services in Santa Monica, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact a lawyer at (800) 755-5174 or use our contact form to schedule a free case review with a domestic violence lawyer in Santa Monica, CA.
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