Being arrested for domestic violence in California is one of the most disorienting things a person can experience. These cases often begin in moments of confusion, fear or emotional overwhelm. Maybe it started with an argument that escalated or someone called the police thinking they were protecting themselves. It can be you who called and yet you were the one arrested. If you are now facing charges, you need to understand how serious this moment is and how important it is to respond with clarity and strategy.
We have defended many people in exactly this position and most were not criminals; they were partners, parents, or spouses dealing with the pressure of real life, often during a stressful breakup or after a long period of tension. They never expected to be handcuffed, booked or told they could no longer return home. Yet the law in California does not wait to sort out every detail before charges are filed. If police believe there is probable cause, someone is likely going to jail that day and once you are arrested the process moves fast, often faster than people are prepared for.
Understanding the Charges You May Be Facing
California does not have one single charge labeled domestic violence. There are several statutes that prosecutors rely on depending on the facts of the case. The two most common are Penal Code section 243(e)(1) which covers misdemeanor battery against a current or former spouse or partner and Penal Code section 273.5 which involves inflicting injury on a cohabitant or intimate partner.
If the alleged victim has visible injuries, or if there is a claim of significant pain, the prosecution may file under section 273.5 as a felony or misdemeanor depending on the severity. If there are no injuries they may still file under 243(e)(1) which does not require visible harm. Sometimes additional charges are added including criminal threats, false imprisonment or child endangerment that will depend on who was present or what was said during the incident.
One of the most difficult parts of these cases is that the law allows prosecutors to move forward even when the alleged victim does not want to press charges. Once an arrest is made, the case belongs to the District Attorney and not the person who made the call. Even if they tell the court they exaggerated or they no longer feel afraid, the prosecutor can and often will continue with the case.
What Happens After You Are Arrested
After the arrest there are chances that you will likely be held for a few hours or overnight before being released with a court date. In many cases, a protective order is issued at the first appearance, preventing you from contacting the other person or returning home. This can happen even before any evidence is reviewed in depth. The prosecutor will then file formal charges and the case will begin moving through the court system.
It is common to feel shocked by how fast everything happens and how little room there seems to be to explain what actually took place. That is why it is critical to begin working with a defense attorney right away. The earliest stage of your case from arrest to arraignment often sets the tone for everything that follows.
Key Legal Defenses in Domestic Violence Cases
There is no single defense that applies to every case. Each situation is unique and the defense must reflect the specific facts, relationships and evidence involved. There are few common strategies we use when representing clients charged with domestic violence in California.
One of the most important is showing that no violence occurred or that the evidence does not support the claim. In some cases, this means proving that the alleged injuries were not caused by the accused, or that they did not meet the legal definition required to prove harm. In others, it may involve showing that the situation was mutual, or that the alleged victim was the aggressor and our client acted in self-defense.
We also look closely at statements made during the 911 call, as well as what the officers included in their reports. Often those reports reflect quick decisions made in chaotic moments. By reviewing body camera footage, text messages, photos, witness accounts and medical records, we can begin to challenge the assumptions that led to the arrest.
Another common defense involves showing that the accusation was false or exaggerated, sometimes motivated by a custody dispute or a tense breakup. In these cases, we gather evidence to show the context of the relationship and any communication that took place before or after the arrest. Judges and juries take notice when the facts do not match the story told in the complaint.
Why You Need to Be Cautious With Protective Orders
One of the most serious risks in a domestic violence case is violating a protective order. Even if the other person reaches out to you, responding can result in a new charge. Courts take these violations seriously and often treat them as separate offenses that carry jail time and mandatory consequences. That is why we always advise clients to follow court orders carefully, even when it feels unfair or one-sided.
If you need to see your children, access your belongings or deal with other issues while a protective order is in place, we can file motions with the court to request exceptions or modifications. Do not try to work around the system. Let your attorney handle it the right way so that you do not risk additional charges.
Can a Domestic Violence Case Be Dismissed Before Trial?
Yes, but it depends on the facts and the strategy used early in the case. In some situations, we are able to present evidence to the prosecutor showing that the case is too weak to go forward. This may include inconsistencies in the statements, lack of injuries or new information that contradicts the police report. If the prosecutor agrees they may choose to dismiss the case or reduce the charges.
Another option is diversion. Some counties in California offer pretrial diversion programs for domestic violence which allow the case to be dismissed after the completion of counseling and other conditions. These programs are not available in every case and eligibility depends on factors such as prior history and the nature of the allegations.
We have helped clients avoid convictions through both dismissal and diversion but the key is to act early. Once the case moves deeper into the court calendar your options begin to narrow.
How a Criminal Conviction Can Affect the Rest of Your Life
A domestic violence conviction carries consequences beyond jail. It can affect your job, your immigration status, your ability to own a firearm and your relationship with your children. In family court, a conviction can lead to the presumption under Family Code section 3044, which makes it harder to gain custody or unsupervised visitation.
That is why a strong legal defense is not just about winning your case. It is about protecting your future. The way your story is told in court matters. The steps you take now matter and the people you choose to represent you can make the difference between a permanent record and a second chance.
What to Do Right Now if You Have Been Arrested
If you are facing domestic violence charges in California, the most important thing you can do right now is get legal guidance from someone who understands both sides of the courtroom. We bring that experience and we know how prosecutors build these cases because we used to be on that side. Now, we use that insight to fight for the people who need someone in their corner.
Do not speak to the police or the court without an attorney who understands how this process works. Do not try to explain your side in a way that could come back to hurt you. Let us help you build the right defense from the beginning. You may feel like the system is against you but we are here to help you push back. We do not make promises we cannot keep. We give you the truth, the strategy, and the support to take control of your case and protect your future.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every case is different, and results may vary. Please consult a qualified attorney for advice specific to your situation.