Domestic Violence Defense in Riverside County

What the law covers

Penal Code § 13700 defines domestic violence as abuse committed against an intimate partner. In practice that covers domestic battery, spousal assault, and a range of related charges.

Most domestic violence offenses in California are wobblers: the prosecution can charge them as either a misdemeanor or a felony depending on the alleged injury, the history between the parties, and the district attorney’s assessment of the case. Which way that decision goes matters enormously, and it is a decision that can be argued.

What a conviction actually costs

• Restraining and protective ordersThe court can bar contact with the other party, which frequently means being removed from your own home.
• Mandatory jail timeCalifornia imposes a minimum of 30 days custody, including on a first offense.
• Fines and restitutionA mandatory $500 fine, plus restitution that can cover medical expenses, mental health treatment, lost wages and property damage.
• A year of mandatory classesA 52-week batterer’s intervention program including treatment and counseling.
• A permanent criminal recordIt appears on background checks for employment, housing and professional licensing.
• Loss of firearm rightsA ten-year prohibition on a misdemeanor conviction. A lifetime prohibition on a felony conviction or certain specified Penal Code violations.
• Child custody consequencesA conviction creates a statutory presumption against custody, and against a spousal support award to the convicted party.
• Immigration consequencesFor non-citizens, a domestic violence conviction can qualify as an aggravated felony or a crime of moral turpitude, with deportation or inadmissibility as a consequence.

Why the first 48 hours matter

Domestic violence cases are frequently charged on the strength of a single statement made at the scene, in a moment when nobody involved was calm. Statements made to officers before you have spoken to a lawyer become the backbone of the prosecution’s case.

Self-defense, inconsistent accounts, the absence of injury, and the circumstances of the call are all matters that have to be developed early, while the evidence still exists.

Common questions