Payment PlansLos Angeles Domestic Violence Lawyer
A domestic violence arrest can change your entire life in an instant. You may be ordered to leave your home, prohibited from contacting your spouse or partner, required to stay away from your children, or told that you cannot possess firearms while a protective order is in effect. At the same time, prosecutors may already be reviewing police reports, photographs, 911 calls, body camera footage, medical records, and statements from the people involved.
If you have been arrested or accused of domestic violence in Los Angeles, you need a domestic violence defense attorney by your side immediately. We’ll help you understand what court orders are in place, what evidence exists, what you should avoid doing, and how the allegation may affect the rest of your life while the case is pending.
At the Law Offices of David S. Chesley, our Los Angeles criminal defense lawyers will review the facts of your case for free and give you our honest assessment of your case. We are dedicated to resolving cases related to domestic violence as favorably as we can and know how to negotiate plea bargains that avoid the most undesirable consequences possible. In addition, we will never shy away from taking a case to trial if it is in our client’s best interest.
Call (800) 755-5174 or contact our office online for a free consultation.
Reviewed by Attorney David S. Chesley, September 2026. California criminal defense since June 2005, SBN 236611.
Los Angeles Domestic Violence Lawyer: Key Points
- After a domestic violence arrest, defendants should follow protective orders, preserve messages and other evidence, document injuries, avoid discussing the case publicly, and speak with an attorney before answering police questions.
- California domestic violence laws apply to certain current and former spouses, cohabitants, co-parents, fiancés, and dating partners, with common charges including corporal injury under Penal Code § 273.5 and domestic battery under § 243(e)(1).
- Prosecutors must prove the specific elements of the offense charged, which can involve injury, the nature of the relationship, threats, stalking, or an alleged protective-order violation.
- A domestic violence case may involve arrest, charging review, arraignment, protective orders, discovery, negotiations, motions, and trial.
- The alleged victim does not decide whether charges are dropped, and protective orders can remain in effect even if both people want contact.
- Penalties and collateral consequences can include jail or prison, probation conditions, firearm restrictions, custody issues, and immigration consequences, while possible defenses include self-defense, accident, false allegations, inconsistent statements, and problems with the evidence.
What to Do After a Domestic Violence Arrest in Los Angeles
What you do after an arrest can affect both the criminal case and any related protective-order or family-court proceedings.
1. Read every protective order you receive.
Typically, you are not allowed to contact the other person, even if they call, text, or ask you to come home. A criminal protective order can prohibit direct or indirect contact, require you to stay away from certain locations, and restrict possession of firearms or ammunition.
2. Do not use another person to get around a no-contact order.
Asking a friend, family member, coworker, or child to pass along a message may still create problems if the order prohibits indirect contact.
3. Preserve texts, emails, voicemails, photographs, videos, and call logs.
Do not delete communications because they look unimportant or embarrassing. A conversation before or after the incident may provide context that is missing from the police report.
4. Document your own injuries.
If you were scratched, hit, bitten, bruised, or otherwise injured, take photographs and tell your attorney. Evidence showing that you were defending yourself can disappear quickly.
5. Stay off social media when it comes to the case.
Do not post about the alleged victim, the police, the accusation, or what you intend to prove in court.
6. Never make statements or answer questions from law enforcement without an attorney present.
You have the right to speak with an attorney about the accusation and your options before deciding whether to answer additional questions. Use it.
7. Tell your lawyer the entire story.
Prior arguments, custody disputes, breakups, previous accusations, messages that look bad out of context, and events leading up to the police call can all become important. Your attorney needs to know about them before the prosecution uses them.
What Counts as Domestic Violence Under California Law?
Although most people in California have an idea of what domestic violence is, the actual crime is a little more complicated than you would think, and depends on specific definitions in California law. If you've been charged with a crime related to domestic violence, it's important to understand exactly what you've been charged with.
Under California Penal Code § 13700:
- Abuse means intentionally or recklessly hurting someone, trying to hurt them, or making them reasonably fear that they or someone else is about to be seriously injured.
- Domestic violence means abuse against a current or former spouse, someone you live with or used to live with in a long-term relationship, someone you have a child with, or someone you are dating, used to date, are engaged to, or were engaged to.
For this law, “living together” means more than simply being roommates, but it also means a domestic violence case does not have to involve a married couple. Courts may look at things like whether the couple had a sexual relationship, shared bills or income, owned or used property together, presented themselves as a couple, and how long and consistently they lived together.
Domestic violence in California can arise between:
- Current or former spouses
- Current or former cohabitants
- People who have a child together
- Fiancés or former fiancés
- Current or former dating partners
Corporal Injury to a Spouse or Cohabitant: Penal Code § 273.5
Penal Code § 273.5 applies when someone willfully inflicts a corporal injury that results in a "traumatic condition" on a person in a qualifying relationship.
A traumatic condition can be a wound or an internal or external injury, whether minor or serious. The statute specifically includes injuries caused by strangulation or suffocation.
This distinction becomes important because prosecutors do not need to prove a catastrophic injury. Bruising, swelling, cuts, and other physical injuries may become the basis for a § 273.5 charge.
Domestic Battery: Penal Code § 243(e)(1)
Domestic battery under Penal Code § 243(e)(1) applies to a battery committed against a spouse, former spouse, cohabitant, co-parent, fiancé, or current or former dating partner.
Unlike a § 273.5 charge, prosecutors do not need to establish a traumatic condition under § 243(e)(1). The statute provides for up to one year in county jail, a fine of up to $2,000, or both.
Domestic Violence Charges We Defend
- Corporal Injury on a Spouse or Cohabitant
- Battery on a Spouse, Cohabitant, or Dating Partner
- Criminal Threats
- Stalking
- Child Abuse
- Child Endangerment
- False Imprisonment
- Dissuading a Witness or Victim / Witness Intimidation
- Violation of a Restraining Order or Protective Order
What Do Prosecutors Have to Prove in a Domestic Violence Case?
What the prosecution must prove depends on the actual criminal charge.
PC § 273.5
Whether the defendant willfully inflicted corporal injury resulting in a traumatic condition on someone in a qualifying relationship.
PC § 243(e)(1)
Whether an unlawful battery occurred against a spouse, cohabitant, co-parent, fiancé, or dating partner.
Whether the alleged conduct meets the requirements for a criminal threat.
Whether the alleged conduct satisfies California's stalking law.
Whether a valid protective or restraining order existed and was allegedly violated.
A domestic violence case can therefore turn on very different factual questions. Was there actually an injury? Who initiated the physical confrontation? Was the defendant acting in self-defense? Are the statements made during the 911 call consistent with later statements? Do photographs match the description in the police report? Does the relationship qualify under the statute being charged?
The fact that police made an arrest does not mean they have proves you are guilty.
What Happens After a Domestic Violence Arrest in Los Angeles?
Domestic violence cases often begin moving before the defendant has had much time to understand what happened.
Police Investigation and Arrest
Police may interview the people involved separately, photograph injuries or property damage, collect witness statements, review messages, and obtain audio or video evidence.
California law enforcement agencies maintain policies for responding to domestic violence incidents, and state law treats domestic violence as alleged criminal conduct rather than simply a private family dispute.
Prosecutor Reviews the Case
After the arrest, prosecutors decide what charges, if any, will be filed.
The final charge does not always match the offense listed at the time of arrest. Evidence of injury, witness statements, prior incidents, protective orders, weapons allegations, and other circumstances may affect the filing decision.
Arraignment and Protective Orders
At the arraignment, the defendant is informed of the charges and enters a plea. The court may also issue or continue a criminal protective order.
A criminal protective order can prohibit contact, impose stay-away conditions, and restrict access to firearms or ammunition while the order is in effect.
Evidence Review and Pretrial Proceedings
Once discovery becomes available, the defense can examine the state's evidence. Depending on the case, that may include:
- Police reports
- 911 recordings
- Body camera video
- Photographs
- Medical records
- Witness interviews
- Text messages and social media
- Surveillance or doorbell video
- Prior statements by the alleged victim
The defense can compare those sources rather than relying on one version of what happened.
Negotiations, Motions, or Trial
Some cases are resolved through negotiations. Others involve motions challenging evidence or statements. If the case cannot be resolved on acceptable terms, the defendant has the right to require the prosecution to prove the charges in court.
Can the Alleged Victim Drop Domestic Violence Charges in Los Angeles?
Not by themselves.
A common misunderstanding is that alleged domestic violence victims decide whether or not they want to “press charges.” However, the prosecutor decides whether the state will move forward with the case.
The person who reported the incident can tell prosecutors they no longer want the case to proceed or that their account has changed, but the prosecuting agency makes the decision to file and prosecute.
If someone later says the initial statement was incomplete, exaggerated, inaccurate, or made during an emotional argument, the defense needs to examine why the story changed and how the new account compares with other evidence, especially in cases involving false accusations of domestic violence.
Prosecutors may also attempt to proceed using evidence other than live testimony from the alleged victim, depending on what evidence exists and what is legally admissible.
A defendant should not pressure the alleged victim to change a statement or refuse to participate. Contact may violate a court order and can create additional allegations involving witness intimidation or dissuasion.
Protective Orders in Los Angeles Domestic Violence Cases
The criminal charge is only one part of many domestic violence cases.
Protective orders, commonly called “restraining orders,” can immediately affect where you live, who you can contact, whether you can see certain family members, and whether you can possess firearms.
California recognizes several different types of orders.
Emergency Protective Orders
Police can request an Emergency Protective Order from a judge when responding to certain incidents. These are short-term orders, typically lasting several days, designed to provide immediate protection.
Criminal Protective Orders
Once criminal charges are filed, a judge may issue a Criminal Protective Order. Depending on its terms, the order may prohibit contact, require the defendant to stay away from the protected person, and prohibit possession of firearms or ammunition.
A protective order can remain important even when both people want contact. The parties cannot privately agree to ignore a court order.
Domestic Violence Restraining Orders
A separate civil domestic violence restraining order may also be sought. A long-term domestic violence restraining order can last up to five years and may later be renewed.
Protective Order Defense Resources
- Defending Against Restraining Orders and Violations
- Criminal Protective Orders
- Civil Protective Orders
- Emergency Protective Orders
- Temporary Protective Orders
- Permanent Restraining Orders
- Violation of a Restraining Order or Protective Order
Penalties for Domestic Violence Charges in California
The possible penalties depend on the specific offense charged, whether the case is filed as a misdemeanor or felony, the defendant’s record, the injuries involved, and whether a protective order or other aggravating circumstances are involved.
| Charge | Possible Penalties |
|---|---|
| Corporal Injury, PC § 273.5 | Up to 1 year in county jail or 2, 3, or 4 years in state prison; fine up to $6,000 |
| Domestic Battery, PC § 243(e)(1) | Up to 1 year in county jail; fine up to $2,000 |
| Child Abuse, PC § 273d | Up to 1 year in county jail or 2, 4, or 6 years in prison; fine up to $6,000 |
| Child Endangerment, PC § 273a | Can be charged as a misdemeanor or felony. Felony cases involving circumstances likely to cause great bodily harm or death can carry 2, 4, or 6 years in prison |
| Stalking, PC § 646.9 | Up to 1 year in county jail or state prison; enhanced prison terms can apply when a restraining order or certain prior convictions are involved |
| Criminal Threats, PC § 422 | Up to 1 year in county jail or state prison |
| Violation of a Protective Order, PC § 273.6 | Generally up to 1 year in county jail; repeat violations or violations involving injury or violence can carry increased penalties |
| False Imprisonment, PC §§ 236-237 | Generally up to 1 year in county jail; cases involving violence, menace, fraud, or deceit can be punished as felonies |
| Dissuading or Intimidating a Witness, PC § 136.1 | Up to 1 year in county jail or state prison; certain cases involving threats, force, conspiracy, or prior convictions carry 2, 3, or 4 years in prison |
Certain repeat domestic violence offenses can carry enhanced penalties. For example, Penal Code § 273.5 provides increased sentencing exposure for defendants with qualifying prior convictions.
If probation is granted for a qualifying domestic violence offense, California Penal Code § 1203.097 can require conditions such as a minimum probation period, a criminal protective order, community service, and completion of a batterer’s treatment program.
Other Consequences of a Domestic Violence Case
Some of the problems created by a domestic violence conviction or protective order can outlast the criminal court case.
Firearm Restrictions
A person subject to a protective order under Penal Code § 136.2 is prohibited from possessing, purchasing, or receiving firearms while that order remains in effect.
California also imposes firearm restrictions following convictions for a number of specified offenses. The exact length and effect depend on the conviction.
Child Custody
Domestic violence findings can affect custody proceedings.
Under California Family Code § 3044, a finding that a parent seeking custody perpetrated domestic violence within the previous five years creates a rebuttable presumption against awarding that person sole or joint physical or legal custody.
That makes coordination between the criminal case and any family-court case especially important.
Immigration Consequences
Noncitizens should tell their criminal defense attorney about their immigration status before agreeing to any plea.
Federal immigration law identifies certain crimes of domestic violence, stalking, child abuse, and qualifying protective-order violations as potential grounds for deportability. Whether a specific California conviction falls within federal immigration law depends on the exact offense and record of conviction.
A plea that looks acceptable from a state sentencing standpoint can create a very different immigration problem.
Defenses to Domestic Violence Charges in Los Angeles
No single defense applies to every domestic violence case. The defense should be built around the evidence.
Self-Defense
An argument can become physical quickly, and police may arrive after the confrontation is over.
If you reasonably used force to protect yourself from another person's use or threatened use of force, self-defense may become central to the case. Photographs of your injuries, witness statements, damaged property, video, and earlier messages can help establish what occurred before police arrived.
Defense of Another Person
Similar issues can arise when the defendant used force while attempting to protect a child, family member, or another person.
False or Exaggerated Allegations
Domestic violence accusations sometimes arise during breakups, divorce proceedings, custody disputes, arguments over housing, or other highly contentious situations.
The existence of a possible motive does not by itself prove that an accusation is false. The defense can compare the accusation against objective evidence, prior statements, subsequent messages, witness accounts, and the timeline.
Accident
An injury does not automatically establish that a crime occurred.
If someone was injured accidentally during an argument, while property was being moved, or during some other physical interaction, the circumstances surrounding the injury become important.
Inconsistent Statements
Domestic violence cases frequently involve several versions of the same event: what someone told a 911 operator, what they told the responding officer, what appears on body camera footage, what they later told an investigator, and what they testify to in court.
Material differences between those accounts can affect credibility.
A Two-Sided Physical Altercation
Sometimes both people used physical force.
That does not automatically eliminate criminal liability, but it can substantially change the factual picture. The defense should investigate injuries to both people, who initiated the confrontation, whether anyone attempted to leave, and whether one person's actions were defensive.
Problems With the Evidence
Photographs may not show when an injury occurred. Witnesses may not have seen the beginning of the incident. A 911 caller may be describing something they heard rather than saw. Medical evidence may not match the account given to police.
The defense should test those gaps instead of treating every piece of evidence as conclusive.
How a Los Angeles Domestic Violence Lawyer Can Help
A domestic violence defense attorney can begin working on the case before memories fade and digital evidence disappears.
At the Law Offices of David S. Chesley, the defense may include:
- Reviewing the police report and charging documents.
- Identifying every protective order affecting the client.
- Preserving messages, photographs, recordings, and video.
- Reviewing 911 recordings and body camera footage.
- Documenting injuries suffered by the client.
- Comparing witness statements for inconsistencies.
- Examining whether the charged relationship meets the applicable statute.
- Investigating self-defense, accident, or false-accusation evidence.
- Evaluating immigration, firearm, custody, licensing, or employment consequences.
- Negotiating with prosecutors where an acceptable resolution is possible.
- Preparing motions and trial strategy when the evidence should be challenged in court.
Los Angeles Domestic Violence FAQs
Is domestic violence always a felony in California?
No. Different domestic violence-related offenses carry different classifications and penalties.
For example, Penal Code § 243(e)(1) domestic battery is punishable by up to one year in county jail, while Penal Code § 273.5 provides for either county-jail punishment or a state-prison term of two, three, or four years depending on how the case is prosecuted and resolved.
Can the alleged victim drop the charges?
The alleged victim can tell prosecutors that they no longer want the case to proceed or that their account has changed, but they do not control the prosecution.
Can I contact my spouse or partner after an arrest?
It depends on the court orders in your case.
If a no-contact or stay-away order has been issued, you must follow it even if the other person initiates contact. Have your attorney review the exact order before assuming contact is permitted.
What if nobody was injured?
Lack of injury may be extremely important, but it does not automatically prevent a domestic violence-related charge.
Penal Code § 243(e)(1), for example, does not require prosecutors to prove the traumatic condition required for a Penal Code § 273.5 corporal-injury charge.
What if I acted in self-defense?
Self-defense may be available depending on what happened, who started the confrontation, what threat you reasonably perceived, and how much force you used.
Evidence such as your injuries, photographs, video, messages, witness accounts, and the physical scene can become important.
How long can a criminal protective order last?
It depends on the order and the underlying offense.
California law permits certain post-conviction protective orders to remain in effect for years, with the maximum duration depending on the statute and circumstances.
Los Angeles Domestic Violence Resources
California Domestic Violence Laws
California Penal Code § 13700: Domestic Violence Definition
California Penal Code § 273.5: Corporal Injury
California Penal Code § 243(e)(1): Domestic Battery
California Penal Code § 136.2: Criminal Protective Orders
California Penal Code § 1203.097: Domestic Violence Probation Requirements
Los Angeles and California Court Resources
Los Angeles County Superior Court
California Courts: Guide to Protective Orders
California Courts: Criminal Protective Order, Domestic Violence (CR-160)
California Courts: Domestic Violence Restraining Orders in California
Los Angeles County Courthouses We Appear In
| Courthouse | Address | Link |
|---|---|---|
| Stanley Mosk Courthouse | 111 N. Hill St., Los Angeles, CA 90012 | lacourt.org |
| Clara Shortridge Foltz Criminal Justice Center | 210 W. Temple St., Los Angeles, CA 90012 | lacourt.org |
| Airport Courthouse | 11701 S. La Cienega Blvd., Los Angeles, CA 90045 | lacourt.org |
| Van Nuys Courthouse East | 6230 Sylmar Ave., Van Nuys, CA 91401 | lacourt.org |
| Governor George Deukmejian Courthouse (Long Beach) | 275 Magnolia Ave., Long Beach, CA 90802 | lacourt.org |
| Compton Courthouse | 200 W. Compton Blvd., Compton, CA 90220 | lacourt.org |
| Pasadena Courthouse | 300 E. Walnut St., Pasadena, CA 91101 | lacourt.ca.gov |
| Burbank Courthouse | 300 E. Olive Ave., Burbank, CA 91502 | lacourt.org |
| Inglewood Courthouse | One Regent St., Inglewood, CA 90301 | lacourt.org |
| Alhambra Courthouse | 150 W. Commonwealth Ave., Alhambra, CA 91801 | lacourt.org |
Neighborhoods and Cities We Serve
Downtown Los Angeles, Hollywood, West Hollywood, Beverly Hills, Santa Monica, Culver City, Van Nuys, Sherman Oaks, Encino, Woodland Hills and the San Fernando Valley, Burbank, Glendale, Pasadena, Long Beach, Torrance, Compton, Inglewood, Whittier, Pomona, and Alhambra.
Los Angeles Offices:
Law Offices of David S. Chesley, Inc.
Los Angeles Criminal Defense Attorneys and DUI Lawyers
445 South Figueroa Street
Suite 2700
Los Angeles, CA 90071
(213) 341-4427
Law Offices of David S. Chesley, Inc.
Los Angeles Criminal Defense Attorneys and DUI Lawyers
1933 S Broadway Suite 1100,
Los Angeles, CA 90007
(213) 908-2262
Contact a Los Angeles Domestic Violence Lawyer Today
If you have been arrested, charged, or told that police are investigating you for domestic violence, do not wait until the next court date to start figuring out the case.
The Law Offices of David S. Chesley offers free consultations for people accused of domestic violence in Los Angeles and throughout California.
Call (800) 755-5174 or contact us online to discuss your case.
