Domestic violence is one of the most serious charges you can face in Whittier. 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 Whittier, CA, criminal defense attorney.
The two most common domestic violence charges in Whittier are domestic battery and corporal injury on a spouse or cohabitant. But these aren't like regular assault or battery charges — even if it's charged as a misdemeanor, you are up against serious consequences like deportation.
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.
3 Key Steps to Take After a Domestic Violence Arrest:
- Invoke your right to remain silent.
- Call our office (phone lines available around the clock): (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 Whittier, CA
- How to handle accusations
- What to expect if you're arrested for domestic violence
- How restraining orders and custody cases overlap with the criminal case
- Domestic violence and related consequences in Whittier
- Immigration consequences for noncitizens
- Diversion, reductions, and expungement
- What to be aware of if the supposed victim does not want to testify
- Defense strategies
- How our defense process works
- Why you should work with us as your domestic violence lawyers
- Common questions
If you've been accused of a crime, don't wait. Get help from our criminal defense lawyers at (800) 755-5174 or contact us online today for a no-strings case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does Whittier, CA, Define Domestic Violence?
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 restraining orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
There are three main things that the prosecution must prove in order for you to be convicted:
- You intentionally and aggressively touched the alleged victim (and, for corporal injury, that the contact resulted in injury);
- Special defenses like self-defense do not apply; AND
- The alleged victim had a close/romantic relationship with you as defined 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: examples include broken bones and internal bleeding.
- Misdemeanor or Felony: Wobbler—can be charged either way
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 Whittier 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): Telling or displaying that you intend to hurt someone else, whether or not you actually do. A felony conviction is a strike.
- Dissuading a Witness (PC § 136.1): Any form of action taken to prevent someone from reporting a crime or helping the state's case
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone—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): Making a person afraid of you by following them and threatening them.
- 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 Whittier, CA
The below seven steps will help you protect your rights and set your case up for a lawyer to take over:
- Plead the Fifth Ammendment.
- Ask for a lawyer, and don't answer questions until you have one.
- Do what you can to secure pretrial release.
- If you were issued a restraining order, follow every rules.
- Collect any evidence that could be relevant to your case.
- Be honest with your lawyer, and tell 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.
Whittier's historic neighborhoods and family-oriented communities near the Whittier College area create unique dynamics in domestic violence cases, with many filings originating from disputes in multi-unit housing along Philadelphia Street. The Law Offices of David S. Chesley appear at the Whittier Courthouse on Santa Gertrudes Avenue, applying strategies informed by Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Whittier, CA?
Domestic violence cases move fast. These are the steps you'll typically take after police show up in Whittier, 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: In order to protect the alleged victim, police officers have the option to contact a judge after the arrest and request an emergency protective order. These can go into effect right away, forcing you out of your home and away from the supposed victim for up to 5 court days or 7 calendar days, whichever is sooner.
- Police Questioning: There aren't always interrogations, but you should be prepared for one. 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: While you're in custody, the police report is sent to the district attorney's office for review. A prosecutor will evaluate the evidence for what they suspect occurred and what they think they'll be able to prove. 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: Before a trial, your defense attorney will review the evidence, file motions where applicable, and try to negotiate a favorable plea deal.
Are You Allowed to Go Home After a Domestic Violence Arrest?
Often, 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. It doesn't matter if the alleged victim recants.
Violating the order, regardless of whether they asked you to or not, can have a major, negative impact on your case. If the alleged victim does reach out to you, speak with your attorney before responding or going to meet them. They can advise you on the best way to move forward without hurting your chances in court.
Domestic Violence, Restraining Orders, and Custody
A domestic violence accusation in Whittier, 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
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): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (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.
The presumption can be overcome. 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
- Whether there have been any further acts of domestic violence
A parent subject to the presumption usually still has visitation, though it may be supervised or restricted. When there are only allegations and no finding, the presumption doesn't apply. The judge decides custody based on the child's best interest, and if the judge gives custody to a parent who has been accused of abuse, the judge must explain the reasons on the record.
Domestic Violence Penalties in Whittier, CA
Without your Whittier, CA, domestic violence defense attorney, you are facing serious charges. The table below lists what you could face after a conviction of domestic battery, corporal injury, and related offenses in California.
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years) | Up to $6,000 (up to $10,000 with a qualifying prior) |
| Dissuading a Witness | PC § 136.1 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated) | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Criminal Threats | PC § 422 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions) | Up to $1,000 |
| Restraining Order Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Assault With a Deadly Weapon / Force Likely to Cause GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Misdemeanor: up to $6,000 Felony: up to $10,000 |
*Please note that some penalties can be enhanced by aggravating circumstances and criminal records. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. To get a full breakdown of the potential penalties in your case, talk to your Whittier, 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
- Removal of any guns
- No new law violations
Special note: While AB 1950 set a maximum general probation term at two years, domestic violence cases are an exception, due to their probation requirements being set in a separate statute.
Collateral Consequences of a Domestic Violence Conviction
On top of the criminal penalties, a domestic violence conviction in Whittier, CA, can lead to:
- 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 lead to deportation or block a green card or citizenship. See 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: 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:
- Any conviction that fits the federal criteria for domestic violence
- A court finding that you violated the parts of a protective order that protect against threats of violence, repeated harassment or bodily injury, even without a separate criminal conviction for the violation
You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. While some charges are typically treated more lightly than others (for example, domestic battery often results in less serious consequences than inflicting corporal injury), this is not guaranteed, and can depend on the specific facts surrounding your case.
Because our firm practices both criminal defense and immigration law, our criminal defense team and Whittier, CA, immigration attorneys can work together to pursue a resolution that protects your status where possible. Never accept a plea in a domestic violence case without immigration advice. If you're already facing removal, learn about cancellation of removal.
Diversion, Reductions, and Clearing Your Record
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): While not available to everyone, mental health diversion can be a powerful option resulting in the dismissal of all charges. Typically, your criminal case is put on hold for up to 1 year (for misdemeanors) or 2 years (for felonies) while you undergo treatment.
- Military Diversion (PC § 1001.80): If you are a current or past member of the United States armed forces, and were charged with a misdemeanor, military treatment court may offer a problem-solving focus, rather than a punishment focus.
- Reduction to a Misdemeanor (PC § 17(b)): 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 Wants to Drop Charges?
It's common for an alleged victim to recant, refuse to cooperate, or ask the prosecutor to drop the case. When this happens, it is a major benefit to the defense, but it rarely ends the case on its own:
- Prosecutors can sometimes proceed without the alleged victim. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- Your history may be used against you. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- 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.
Important Note: Reaching out to the alleged victim is never a good idea, especially if there is a restraining order in place. If they reach out saying that they want to recant, tell your attorney ASAP. Your attorney can lawfully inform the court that the supposed victim is recanting, challenge the use of out-of-court statements, and use inconsistencies in the evidence to your advantage.
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. Illegal evidence collection can act as a valid defense in some cases. Or perhaps you can show that there was a false accusation, and you're actually innocent. Still others may be built around intent, if the alleged victim was hurt accidentally.
Here is a breakdown of some common strategies and when they are applicable:
- False Accusation: This is particularly pertinent in cases involving child custody — it's possible the accusations were made in bad faith. We investigate the accuser's motives and challenge their credibility.
- Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
- Dominant Aggressor: When both people were physically involved, the key question is who was the primary aggressor. Injuries, prior history, witness accounts, and 911 recordings can show that you were defending yourself, not the one who started it.
- Lack of Intent or Accident: 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 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 in Whittier, 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:
- Free Case Review: Before building your defense, we offer a free review of the charges against you.
- 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.
- Interview Management: If police want to question you, we'll handle that contact and advise you on how to respond.
- Defense Investigation: We'll look through anything the prosecution found after discovery, and conduct our own independent research/evidence review.
- Strategy Development: After reviewing the evidence, we'll build a defense strategy tailored to your case.
- Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: Our firm can talk to the Whittier district attorney and explore plea deal options.
- Trial Representation: If you don't get a plea deal that you want to accept, we'll go to trial and argue your case in front of a judge and jury.
- Sentencing Advocacy and Appeals: 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 Whittier, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your Whittier, CA, domestic violence case. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
When you work with us, you're getting:
- Former prosecutors 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.
- Reputation for delivering. 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.
Whittier, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Whittier, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. Jail is still possible, and a conviction usually comes with mandatory domestic violence probation terms: at least 36 months of probation, a 52-week batterer's intervention program, and a protective order. Always discuss your case with an attorney to find realistic plea deal options.
Is a domestic violence conviction in Whittier, CA, a felony?
Whether or not a domestic violence conviction is a felony depends on the exact charge. Prosecutors in Whittier have discretion to charge PC 273.5 as a misdemeanor or a felony, mostly due to circumstance and criminal record. PC 243(e)(1) is always a misdemeanor, though. 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)) 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) is generally considered the more serious offense because it involves causing harm to another person. It can also be charged as a felony.
Can the victim drop domestic violence charges in Whittier, CA?
No. Even if the alleged victim recants, only the prosecutor can dismiss them. 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 Whittier 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. 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. The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.
Can I get diversion for a domestic violence charge in Whittier, CA?
Typically, diversion is not an option in Whittier domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). 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 Whittier, CA?
Usually, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). Expungement is a popular option because it can reduce your prior conviction's impact on your future career and housing. It does not restore firearm rights, however.
Will a domestic violence conviction take away my gun rights?
Outside of special circumstances, yes. 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. On top of these bans for a conviction, if you are under a DVRO or other protective order, you will also likely face a gun ban for the duration.
How long does a domestic violence case take in Whittier, CA?
Anywhere from a few months to more than a year. If you are in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays. Once you've been formally charged, your defense attorney will work with you to review the evidence, build a strategy, file motions, and negotiate with the prosecution. This takes up the bulk of the time your case is processing, and trials can extend them further.
Can a felony domestic violence charge be reduced to a misdemeanor in Whittier?
Yes. Because inflicting corporal injury on a spouse or cohabitant a wobbler, your attorney may be able to negotiate a misdemeanor filing or plea, or ask the judge to reduce a felony to a misdemeanor under PC 17(b), either at sentencing or after probation is completed.
What if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, even if the supposed victim changes their mind. Protective orders are a standard part of domestic violence cases, and if you break any of the conditions, this could be used against you in court. These orders can be challenged, though — the right defense attorney can help you make your case in court.
The Law Offices of David S. Chesley: Experienced Domestic Violence Defense in Whittier, CA
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.
Our firm can also assist you with the following legal services in Whittier, 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 no-strings attached review of the charges against you with a domestic violence lawyer in Whittier, CA.
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