You are at home, thinking the argument ended hours ago. Then there is a knock at the door, and moments later, you are in handcuffs, trying to make sense of what just happened.
If you are facing a first-time domestic violence charge in California, it can be overwhelming, making you wonder what comes next.
What does this mean for your future? How can you defend yourself against these accusations? These are questions we can help you answer.
What to Do After a Domestic Violence Arrest
If you’ve been arrested for domestic violence in San Diego County, taking the following steps can make a significant difference:
- Consult an attorney immediately. The earlier you contact a lawyer, the greater your chances of achieving a favorable outcome.
- Avoid contact with the accuser. Be sure to fully comply with restraining or protective orders. If you have any questions about what the order allows you to do, do not guess—we can help ensure that you comply so you do not get into more legal trouble.
- Document everything. Write down details of the incident, including any witnesses or evidence that supports your version of events. Memories can fade, so be sure to write down as many details as you can recall as soon as possible.
- Stay off social media. The best move is to avoid social media altogether while your case is pending. Even seemingly harmless posts can be twisted and used against you.
Taking quick and strategic action lets you take control of your situation and start constructing a robust defense.
Domestic Violence Charges: California’s Definition and Laws
Under the California Penal Code, domestic violence includes harmful acts committed against an intimate partner. Intimate partners can include:
- Current or former spouses,
- Individuals in a dating relationship,
- Cohabitants, and
- Parents of a child.
Domestic violence charges range from misdemeanors to felonies, depending on the severity of the incident and any resultant injuries.
Prosecutors can still file charges even if the alleged victim refuses to cooperate. In California, domestic violence cases are considered crimes against the state, emphasizing public safety over personal dynamics.
Common First-Offense Domestic Violence Charges
If this is your first-offense domestic violence accusation, you will likely face one of the following charges.
Misdemeanor Domestic Battery
This charge applies to intentional and unlawful physical contact with someone in a qualifying relationship. The prosecution can pursue this charge even without visible injuries.
Felony Corporal Injury to a Spouse or Cohabitant
This more serious charge involves intentionally causing a visible physical injury that results in a traumatic condition. The prosecution must establish that the injury directly resulted from the alleged act of violence and that the relationship between the parties fits the legal definition of domestic violence.
Key Elements of Domestic Violence Charges
Both charges require prosecutors to prove specific elements beyond a reasonable doubt, including:
- Willfulness. The act must have been intentional. Accidental actions generally do not meet this standard, even if they result in harm.
- Qualified relationship. The alleged victim must share a legally defined relationship with the accused, such as a spouse, cohabitant, or romantic partner.
- Physical contact or injury. For domestic battery, intentional physical contact suffices, while corporal injury charges require evidence of a traumatic condition caused by the act.
- Lack of consent. The alleged act must have been unwanted and non-consensual.
Understanding these elements is critical to building an effective defense. Even minor inconsistencies in the prosecution’s case can lead to reduced charges or dismissal.
What Makes San Diego County Unique?
San Diego County’s legal system has specific procedures for handling domestic violence cases. Key points to know include:
- Mandatory arrests. Law enforcement officers in San Diego County often follow a “mandatory arrest” policy in domestic violence situations if there is probable cause.
- Protective orders. Courts commonly issue emergency protective orders (EPOs) or restraining orders immediately after an arrest to prevent contact between the accused and the alleged victim.
- Domestic violence treatment programs. First-time offenders will be required to complete a 52-week batterer intervention program as part of probation.
While being familiar with these processes can give you a better idea of what to expect from the legal system, anyone facing domestic violence charges should consult an attorney for guidance.
The Penalties for a First-Time Domestic Violence Charge in California
Penalties depend on whether the charge is a misdemeanor or felony and can include:
- Custody time—up to one year for misdemeanors and four years for felonies;
- Probation—misdemeanor convictions often result in three years of probation that can include conditions like domestic violence counseling, anger management counseling, substance abuse treatment, community service hours, and more;
- Fines and fees—courts may impose significant fines plus restitution to the victim; and
- Firearm restrictions—a conviction results in a lifetime ban on owning or purchasing firearms and ammunition.
A domestic violence conviction can permanently impact your life, making it harder to find employment, secure housing, or maintain professional licenses.
Building a Strong Defense
Defending against a first-offense domestic violence charge requires careful legal strategy. Some common defenses include:
- False accusations—demonstrating that the alleged victim fabricated the claims;
- Self-defense—showing you acted to protect yourself from harm; and
- Insufficient evidence—arguing that the prosecution lacks sufficient credible evidence to prove their case beyond a reasonable doubt.
A skilled San Diego County domestic violence lawyer will examine the specifics of your case, challenge evidence, and advocate for the best possible outcome.
Take Back Control of Your Story
Our legal team at The Law Offices of Kerry L. Armstrong, APLC, has collectively handled well over 100 jury trials, fighting for clients who need someone to believe in them. We are not afraid to take on challenging cases, and we willl stand by you every step of the way, defending your name and future with determination and integrity.
Do not wait—contact us today for a confidential consultation. Let us help you reclaim your future and fight for the justice you deserve.
FAQs
Can a First-Time Domestic Violence Charge Be Dismissed?
Yes, charges may be dismissed if your attorney shows that there is insufficient evidence to prove the crime, demonstrates false allegations, or negotiates a plea deal with prosecutors.
What Happens If the Alleged Victim Does not Want to Press Charges?
Even if the alleged victim refuses to cooperate, the deputy district attorney can pursue charges based on other evidence, such as 911 calls or witness statements. The victim’s refusal to cooperate can weaken the case, but the prosecutor has the discretion to move forward if they think they have enough alternative evidence.
Do I Need to Attend All Court Hearings?
Yes, failing to appear can result in additional charges and a bench warrant for your arrest. Depending on the circumstances, your attorney can attend some hearings on your behalf.
What Happens If I Violate a Protective Order?
Violating a protective order can lead to additional criminal charges, including potential jail time and fines. It is crucial to comply with all court-issued orders.
Resources:
- California Family Code section 6211, link
- Legal Information: California, Women’s Law (2024), link
- CALCRIM No. 841. Simple Battery: Against Spouse, Cohabitant, or Fellow Parent. California Courts (2024), pg. 566-568, link
- Guide to Protective Orders. California Courts, link
- Types of restraining orders. California Courts, link
- Domestic Violence Restraining Orders, Superior Court of California, County of San Diego, link
Kerry L. Armstrong
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