What to Do If You’re Accused of Domestic Violence in California

Being accused of domestic violence in California is a serious matter with potentially life-changing consequences. An accusation alone can affect your reputation, your family relationships, and even your career. California law treats domestic violence cases aggressively, and prosecutors often move forward even if the alleged victim does not want to “press charges.” Therefore, if you have been accused, it is critical to understand how California defines domestic violence, the penalties you may face, and the steps you should take immediately to protect your rights.

Under California Penal Code §§ 273.5 and 243(e)(1), domestic violence generally refers to abuse committed against 1) a spouse or former spouse; 2) a fiancé or former fiancé; 3) a current or former dating partner; 4) a cohabitant (someone you live with); or 5) the parent of your child. Furthermore, domestic violence doesn’t always mean physical harm. It can also include threats, intimidation, or emotional abuse if it is intended to control or harm another person.

If you have been accused of domestic violence there are a few crucial steps to take. First, do not contact the alleged victim under any circumstances. California courts often issue an emergency protective order (EPO) or temporary restraining order (TRO) immediately after an arrest. Violating this order is a separate crime and can lead to additional charges.

Second, remain silent until you have a lawyer. Many times, in cases of domestic violence, law enforcement may pressure you to “tell your side of the story.” Remember that anything you say can be used against you. Exercise your constitutional right to remain silent until you consult with an attorney.

Finally, seek legal help right away. A California criminal defense lawyer experienced in domestic violence cases can explain the charges, represent you in court, and work on your defense strategy from the very beginning.

The penalties for Domestic Violence in California and the consequences of a conviction vary depending on the charge.

1. Misdemeanor domestic battery (Penal Code § 243(e)(1)): Up to 1 year in county jail and a fine of up to $2,000.
2. Corporal injury to a spouse or cohabitant (Penal Code § 273.5): This can be charged as a misdemeanor or felony, carrying up to 4 years in state prison if convicted as a felony.
3. Restraining orders: Courts often impose criminal protective orders preventing contact with the alleged victim.
4. Other consequences: Mandatory domestic violence counseling, loss of firearm rights under both California and federal law, and possible immigration consequences for non-citizens.

In California, anyone convicted of a domestic violence offense is typically required to complete a 52-week batterer intervention program as a condition of probation. This program involves weekly group counseling sessions and must be completed in full. Failing to finish the program can result in jail time or a probation violation.

For some first-time offenders, California courts may allow diversion programs or alternative sentencing in place of jail time. These options may include probation, community service, counseling, or other rehabilitative measures. Successfully completing these programs can sometimes reduce the long-term consequences of a conviction. Because eligibility for diversion depends on the specific charge and circumstances, having an experienced attorney is crucial. Your lawyer may be able to negotiate for alternatives that focus on rehabilitation instead of punishment.

An experienced defense attorney can also put forward defenses against domestic violence charges. False or exaggerated accusations happen, especially during contentious divorces or custody disputes. In California, a strong defense may involve showing inconsistencies or credibility issues in the accuser’s statements; presenting evidence such as text messages, social media posts, or witness testimony; arguing self-defense if you were protecting yourself or another person; and demonstrating that no physical injury occurred, or that the incident was accidental. An experienced defense attorney will know how to gather and present this evidence effectively in court.

Domestic violence charges in California can affect far more than your criminal record. They can impact your job, professional licenses, parental rights, and personal reputation. If convicted, clearing your record later can be difficult.

The best step you can take is to act quickly, comply with any court orders, and avoid any behavior that could be misinterpreted. Working with a skilled attorney gives you the best chance to reduce charges, negotiate alternatives such as probation or diversion programs, or even have your case dismissed.

Facing domestic violence accusations in California is overwhelming, but you do not have to face them alone. Remember: an accusation is not the same as a conviction, and you have the right to defend yourself. At the Justice Firm, our experienced lawyers have helped numerous clients navigate domestic violence accusations. If you or someone you know has been accused of domestic violence in California, contact our office today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here to schedule a confidential consultation. We will review your case, explain your options, and fight to protect your future.