A domestic violence arrest in Ventura, CA, can turn your world upside down. You could lose your relationship, your career, and your freedom. It doesn't matter what brought you here. You need an expert Ventura, 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 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.
If You Were Just Arrested, Do This Now:
- Plead the fifth.
- Call our office (you can reach us by phone 24/7): (800) 755-5174.
- Avoid contact with the alleged victim and do not discuss your case publicly.
On this page:
- An outline of the key domestic violence statutes in Ventura, CA
- How to handle accusations
- The different parts of the post-arrest process in Ventura, CA
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence and related consequences in Ventura
- The intersection between domestic violence charges and immigration law
- Strategies to mitigate the penalties
- What happens if the alleged victim doesn't cooperate
- Different ways our lawyers may defend your case
- The different steps we take in building a defense
- Why choose the Law Offices of David S. Chesley
- Frequently asked questions
If you've been accused of a crime, don't wait. Talk to our criminal defense lawyers at (800) 755-5174 or contact us online at any time for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Ventura, 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 different criteria than criminal law. For restraining orders, Family Code § 6211 sets rules and standards. In addition to current and former romantic partners, it includes close family members. That's why an argument with a family member can lead to a domestic violence restraining order even when it isn't charged as domestic battery.
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 intentionally and aggressively touched the alleged victim (and, for corporal injury, that the touching caused trauma);
- You were not protecting yourself, nor another person; 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: Touching a current or former spouse, dating partner, or cohabitant, or a coparent, in a hurtful way (including offensively — it doesn't matter whether or not any injury was caused.
- 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 Difference: Was There an Injury?
Whether or not there was an injury is the difference in what you get charged with: No injury means domestic battery charges, while any physical trauma means a corporal injury charge. In terms of penalties, the maximum jail sentence for domestic battery is one year, while a felony corporal injury charge can result in up to 5 years (though this can be extended depending on your record).
Charges Often Filed Alongside Domestic Violence
In Ventura, 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): Attemping to prevent a witness or alleged victim from informing the authorities about a crime or from testifying
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or breaking a cell phone to keep someone 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): Either hurting an elderly person/dependent adult, leaving them in a harmful situation, or committing fraud against them.
- Sexual Battery (PC § 243.4): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
- Revenge Porn (PC § 647(j)(4)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
What to Do if You've Been Accused of Domestic Violence in Ventura, 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:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Request an attorney.
- Work with your attorney to get released on bail or your own recognizance.
- Read any protective orders carefully and follow all of the applied conditions.
- Collect any evidence that could be relevant to your case.
- Tell your defense attorney the full story. The conversation is confidential.
- 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.
Following these steps gives your case the best chance of a positive outcome. Call us today, whatever charges you're facing: (800) 755-5174.
Ventura's coastal neighborhoods and military-influenced communities create unique dynamics in domestic violence cases, with many filings originating from disputes in the downtown area near California Street. The Law Offices of David S. Chesley navigate these matters at the Ventura County Superior Court, applying strategies informed by the county's specific protective order procedures.
What Happens After a Domestic Violence Arrest in Ventura, CA?
It's normal to be scared or overwhelmed after police take you into custody. Here's what typically happens after an arrest in Ventura, CA:
- Arrest: Officers only need probable cause. In Ventura, 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: During booking, the jail will take down your basic information, collect your things, and fingerprint you.
- Emergency Protective Order: In order to protect the alleged victim, police officers have the option to contact a judge after the arrest and request an emergency protective order. These can go into effect right away, forcing you out of your home and away from the supposed victim for up to 5 court days or 7 calendar days, whichever is sooner.
- Interrogation: There aren't always interrogations, but you should be prepared for one. Plead your right to remain silent and request to speak with your lawyer.
- 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: Prosecutors review the police report and decide what to file. This will be based on the police report and any corroborating evidence. PC § 825 sets timing guidelines for arraignments in California: Outside of exceptional circumstances, the prosecution is required to formally charge you in an arraignment within 48 hours, excluding Sundays and holidays. 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: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
- Trial: Most criminal cases in Ventura end before reaching the trial stage, but you have the right for your case to be argued in front of a jury.
Are You Allowed to Go Home After a Domestic Violence Arrest?
In many Ventura, CA, domestic violence cases, not right away. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. That's true even if the alleged victim wants you back. Violating the order, regardless of whether they asked you to or not, can ultimately hurt your case. Your attorney can ask the judge to modify the order, for example to a "peaceful contact" order that allows you to return home or co-parent as long as there's no harassment or violence.
Domestic Violence, Restraining Orders, and Custody
A domestic violence accusation in Ventura, CA, isn't just a criminal charge. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.
Types of Restraining Orders in Domestic Violence Cases
Restraining orders (also called protective orders) come in several types:
- Emergency Protective Orders: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
- Criminal Protective Orders: 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
Domestic violence findings can reshape a child custody case. Under Family Code § 3044, if a family court finds that a parent committed domestic violence against the other parent, the child, or the child's siblings within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest. No criminal conviction is required. A finding in family court, including one made when a DVRO is granted, can trigger the presumption.
You're fighting an uphill battle, but it's not impossible. The court will consider:
- What they think will be the best environment for the child
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, if appropriate
- Completion of a parenting class
- Compliance with probation and any protective orders
- Whether there have been any further acts of domestic violence
If the family court does not decide to remove the custody of the parent who's been accused of domestic violence, they must issue a statement explaining why they are granting custody to that parent.
Domestic Violence Penalties in Ventura, CA
Learn about the potential penalties that a domestic violence conviction in Ventura, CA, could result in (and similar charges).
| 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 Ventura, CA, domestic violence defense lawyer.
Domestic Violence Probation
Many domestic violence convictions end in probation instead of jail, but PC § 1203.097 sets mandatory terms, including:
- A minimum period of 3 years
- The issuance of a restraining order in defense of the alleged victim
- Completion of a 52-week batterer's intervention program
- If you can afford it, a $500 payment to domestic violence programs
- Community service
- Loss of 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
On top of the criminal penalties, a domestic violence conviction in Ventura, CA, can lead to:
- Loss of Second Amendment 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 count as a crime of moral turpitude, leading to deportation. Learn more in the immigration section below.
- Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
- Long-Term Protective Orders: The court can issue a criminal protective order lasting up to 10 years, and the alleged victim may also seek a DVRO.
- Employment and Licensing: You could lose your career while in jail and face new challenges looking for employment once you are released.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. Under federal immigration law (INA § 237(a)(2)(E)), two things can make a noncitizen deportable:
- A conviction for a "crime of domestic violence" (a crime of violence against a current or former spouse, partner, co-parent or similar protected person)
- Violention of a DVRO or similar protection order, if found by the court
Several domestic violence and related criminal convictions count as "crimes involving moral turpitude," which are particularly problematic for immigrants. 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.
Don't settle for a plea deal without speaking to an experienced Ventura, 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
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 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)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
- Expungement (PC § 1203.4): Expungement is a chance to clear your public record of the conviction, and is often a major help for moving forward with your career — but it does not restore firearm rights, and the conviction can still be used against you in immigration court.
What if the Alleged Victim Doesn't Want to Testify?
Domestic violence cases are complex affairs, and it's common for the alleged victim to later change their mind and ask the state to drop the charges. Having the alleged victim on your side is a big help, but it rarely ends the case on its own:
- Prosecutors can sometimes proceed without the alleged victim. Ultimately, the alleged victim is not the one you're fighting the criminal case against — instead, it's the state of California. If the prosecutor thinks they have a strong enough case without victim testimony, they may choose to move forward with the charges anyway. The constitutional legality of evidence becomes paramount at this stage, and your attorney will have to evaluate everything on a case-by-case basis.
- Your history may be used against you. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- 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.
Be Careful: 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 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 using procedural errors, like pointing out rights violations. Or perhaps you can show that there was a false accusation, and you're actually innocent. Still others may be built around intent, if the alleged victim was hurt accidentally.
The following list goes over some popular defense strategies your Ventura domestic violence defense attorney may use:
- False Accusation: Unfortunately, some domestic violence charges arise from false accusations. We investigate the accuser's motives and challenge their credibility.
- Self-Defense or Defense of Others: Perhaps you did harm your partner, but were justified by a real, perceived threat.
- 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: 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: For a PC 273.5 charge, the prosecutor must prove the touching caused an injury. Where an injury is minimal, unexplained, or existed beforehand, that can mean a reduction to misdemeanor battery or a dismissal.
- Alleged Victim Recants: 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: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge beyond a reasonable doubt.
- Alibi: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
- Constitutional Violations: 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 Ventura, CA
When you call the Law Offices of David S. Chesley, our domestic violence defense team gets to work right away. Here's how the process works:
- Initial Consult: Before you make a decision, we offer a no-obligaction review of your case.
- Bail and Protective Orders: If you are not offered release by the court, we'll argue for lower bail and challenge any protective orders.
- 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: When we have all the evidence we need, we'll decide on a defense strategy that maximizes your chances of a positive outcome.
- Pretrial Motions: Motions give us a chance to challenge evidence and push for charges to be reduced or dismissed.
- Plea Negotiations: During the pretrial phase, we'll reach out to Ventura prosecutors to negotiate positive plea deals on your behalf.
- Trial Representation: Most cases end in a plea bargain, but you have the right to a trial — if you exercise it, we'll go to court with you.
- Sentencing Advocacy and Appeals: 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 Ventura, 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 Ventura defense team can offer you:
- Former district attorneys on our team that can draw on their experience on the other side of the courtroom.
- Combination criminal defense and immigration services, so noncitizen clients get advice on both before any plea.
- Emergency availability, so that you can get a hold of our team around the clock.
- Results for clients. Our former clients can attest to our dedication to protecting their rights.
In one case, our client was accused of attacking his girlfriend while she was removing his belongings. We showed that the accusation was false and that another person caused the injury.
Prior results do not guarantee a similar outcome.
Ventura, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Ventura, CA?
Not automatically. If your case is charged as a misdemeanor, there's a good chance you can secure probation instead of jail time. If you are given probation, it will include several terms, including the following: at least 36 months of probation, a 52-week batterer's intervention program, and a restraining order. To maximize your chances of avoiding jail, be sure to work with an experienced defense attorney.
Is a domestic violence conviction in Ventura, CA, a felony?
That depends on what the Ventura 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 (PC 243(e)(1)) and corporal injury (PC 273.5)?
Domestic battery (PC 243(e)(1)) includes any attempt to hurt or offend someone through touching, if that person is a current or former romantic partner. The attempt does not need to be successful. 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 Ventura, CA?
No. Once charges are filed, only the prosecutor can drop the charges. While it's helpful to have the alleged victim change their mind, this is only a part of a successful defense.
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 Ventura police officers look at the whole picture, not just cuts and bruises.
Can I go home after a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.
What diversion options are available for a domestic violence charge in Ventura, CA?
In California, many misdemeanor charges qualify for diversion (where instead of going to jail, the accused individual fulfils special requirements before having the case dismissed) under PC 1001.95, but domestic violence is an exception. These types of charges are specifically excluded from PC 1001.95. 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 Ventura, CA?
Typically, yes. Generally, you need to fit the following criteria:
- You did not serve a jail sentence (e.g., you were granted probation).
- You have completed all probation requirements.
- You have no pending criminal charges or warrants.
- You have not previously been convicted of a serious offense that bars you from expungement.
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?
Most likely, you will lose your firearm rights. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. 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 Ventura, 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've just been accused and arrested, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After being charged, the majority of Ventura criminal cases end in plea deals, but that can still take a long time to process — discovery, investigation, pre-trial motions, preliminary hearings, plea negotiations, and more can all drag a case out for months. If you do end up going to trial, this will further drag out your case.
Can a felony corporal injury charge be reduced to a misdemeanor in Ventura?
Yes. Because inflicting corporal injury on a spouse or cohabitant 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 if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, even if the alleged victim reaches out. Most domestic violence cases include restraining orders against the alleged offender, and a violation can bring new charges and hurt your criminal case. Your defense attorney can challenge the order or ask the court to modify it.
Don't Fight Charges Alone: Contact Your Ventura, CA, Domestic Violence Lawyer Today
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.
We also aid with the following legal services in Ventura, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak with an attorney at (800) 755-5174 or use our contact form to schedule a no-strings attached consultation with a domestic violence lawyer in Ventura, CA.
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