20+ year of experience
Trial ready
Personal attention
A domestic violence arrest can happen the moment someone makes a phone call. No witness is required. No injury needs to be visible. California law empowers officers to arrest on an allegation alone, and within hours of that arrest a court can issue an emergency protective order that bars you from your home, severs contact with your children, and freezes your life. If you have been charged under Cal. Penal Code § 273.5, § 243(e)(1), or any related offense, you are on a track that moves fast. A conviction can end your right to own a firearm, trigger deportation proceedings, cost you custody of your children, and destroy a professional license.
ALL Trial Lawyers defends people throughout California facing DV charges, including many clients whose situations began not with violence but with accusations made in the heat of a relationship dispute. Our attorneys know how prosecutors build these cases and where defenses succeed. Call us before saying another word to law enforcement.
Call (866) 811-4255: Free Consultation
Phones answered every day. Hablamos Español. Se habla árabe.
Domestic violence cases are more complex than most criminal charges. The alleged victim is someone you know. Children, shared assets, and family court proceedings run in parallel. Prosecutors pursue DV charges aggressively even without the victim’s cooperation. Several features of DV prosecution make a knowledgeable defense attorney essential:
Getting qualified DV counsel before arraignment matters more here than in almost any other criminal charge. Delays cost options that cannot be recovered.
ALL Trial Lawyers handles DV defense across Southern California. 10,000+ cases handled. 50+ years of combined experience. Free consultations.
California DV law is a cluster of offenses with distinct elements, sentencing ranges, and collateral consequences. Understanding your specific charge is the starting point for any defense.
Cal. Penal Code § 273.5 prohibits willfully inflicting a traumatic condition upon a spouse, cohabitant, co-parent, or dating partner. “Traumatic condition” includes any wound or injury, however slight. This is a wobbler: charged as felony or misdemeanor based on injury severity and criminal history.
Cal. Penal Code § 243(e)(1) prohibits willful harmful or offensive touching of an intimate partner. No visible injury is required. A § 243(e)(1) misdemeanor conviction triggers the same lifetime federal firearm ban as a felony.
Under Cal. Penal Code § 273.6, violating a court-issued protective order is its own criminal offense. A first violation is typically a misdemeanor; a second violation within seven years, or any violation involving violence, can be charged as a felony. Many defendants unknowingly create a second criminal case by contacting the alleged victim after an EPO is issued.
Courts issue criminal protective orders under Cal. Penal Code § 136.2 at arraignment as a release condition. These last throughout the proceedings and up to 10 years upon conviction. Violating a CPO is both a bail violation and a separate criminal charge.
Cal. Penal Code § 422 punishes willfully threatening death or great bodily injury. In DV cases, it is added when verbal threats accompany physical force allegations. § 422 is a wobbler carrying up to three years in state prison as a felony and is a California strike offense.
Cal. Penal Code § 646.9 covers stalking: repeated unwanted contact, following, or electronic harassment causing sustained fear. Stalking with a protective order in place, or with a prior DV conviction, is automatically a felony.
Cal. Penal Code § 236 prohibits unlawfully restraining another person’s liberty. Under § 237, simple false imprisonment is a misdemeanor; false imprisonment by violence, menace, fraud, or deceit is a felony carrying 16 months, 2, or 3 years in prison.
When the alleged victim is 65 or older in a qualifying DV relationship, the prosecution may add elder abuse under Cal. Penal Code § 368. A felony elder abuse conviction carries an additional three-year sentence enhancement on top of any base term.
The Cal. Family Code § 6200 et seq. (DVPA) governs civil DVROs. These proceed independently of the criminal case but the two tracks feed each other: adverse DVRO findings can be used in the criminal case, and a permanent DVRO affects custody, property rights, and firearm possession even without a criminal conviction.
| Charge | Classification | Maximum Sentence | Notes |
|---|---|---|---|
| PC § 243(e)(1): Domestic Battery | Misdemeanor | 1 year county jail | Triggers federal lifetime gun ban; 52-week BIP required |
| PC § 273.5: Corporal Injury (misdemeanor) | Misdemeanor wobbler | 1 year county jail | Triggers federal gun ban; 36-month probation minimum |
| PC § 273.5: Corporal Injury (felony) | Felony wobbler | 2, 3, or 4 years state prison | Strike eligible if great bodily injury alleged; 10-year CA gun ban |
| PC § 273.6: Protective Order Violation | Misdemeanor / felony | Up to 3 years prison (felony) | Independent new charge; bail revocation risk |
| PC § 422: Criminal Threats | Wobbler | 3 years state prison (felony) | Strike offense in California |
| PC § 646.9: Stalking | Wobbler | 5 years state prison (felony w/ prior) | Automatic felony with protective order in place |
DV probation under Cal. Penal Code § 1203.097 carries statutory minimums courts cannot waive: a minimum 36-month probation term, a state-certified 52-week batterer’s intervention program (BIP), a minimum $400 DV fine (with penalty assessments that typically triple it), and full compliance with all protective order terms. Missing a single BIP session can trigger a probation violation.
Firearms: Lautenberg Amendment and California Law. Under 18 U.S.C. § 922(g)(9), any misdemeanor DV conviction permanently prohibits federal firearm and ammunition possession. No expiration. No restoration for most people. California’s Penal Code § 29805 adds a 10-year state ban. A misdemeanor DV plea ends your ability to possess a gun for a decade in California and for life under federal law.
Immigration. Under 8 U.S.C. § 1227(a)(2)(E), any non-citizen convicted of a crime of domestic violence, stalking, or a protective order violation is deportable. A felony DV conviction may constitute an aggravated felony, making removal nearly automatic with no path to relief. A misdemeanor DV conviction can be classified as a crime of moral turpitude, affecting visa renewals and naturalization. These consequences are permanent.
Child Custody: Family Code § 3044. A DV finding within the preceding five years creates a rebuttable presumption under Cal. Family Code § 3044 that awarding the offending parent sole or joint custody is detrimental to the child. You bear the burden of overcoming it. This presumption can arise from a criminal conviction, a civil DVRO, or a finding made in the family court proceeding itself.
Professional Licensing. California licensing boards for nurses, physicians, teachers, and other regulated professions have independent authority to discipline or revoke licenses based on DV convictions. A § 273.5 felony conviction can end a nursing or teaching career. A misdemeanor conviction on a renewal application triggers mandatory board review and can result in suspension, probationary conditions, or revocation.
Military and Security Clearance. Active-duty service members convicted of a DV offense face mandatory separation proceedings because the Lautenberg Amendment bars them from carrying a service weapon. Security clearance holders face revocation proceedings under adjudicative guidelines on personal and criminal conduct. Even an arrest without conviction can trigger clearance suspension.
Do not plead guilty to any DV charge without understanding every consequence. Quick plea deals can carry lifelong federal firearm bans, immigration consequences, and custody presumptions. Call (866) 811-4255 before accepting any offer.
A skilled domestic violence defense lawyer examines every layer of the factual and legal record before committing to a strategy. Common defenses in California DV cases include:
California recognizes the right to use reasonable force against an imminent threat of bodily harm. In many DV situations, the person arrested was acting defensively. The law does not require you to absorb a blow before defending yourself. Where eyewitness accounts, injuries on both parties, prior threats, or physical evidence support a self-defense theory, your attorney presents it both as an affirmative defense and as reasonable doubt against the prosecution’s narrative.
False DV allegations frequently arise during divorce proceedings, custody disputes, and immigration benefit applications. Your attorney investigates the timing of the allegation against pending family court filings, examines the complaining witness’s communications for inconsistencies, and documents any financial or custodial motive to fabricate.
California does not recognize mutual combat as a legal justification, but evidence that both parties were equally aggressive is directly relevant to credibility. When both parties have injuries, neighbors report both voices raised, or 911 recordings tell a different story than the police report, the defense challenges the prosecution’s characterization of who the “victim” was.
Cal. Penal Code § 273.5 requires proof of a “traumatic condition.” No documented injury, no medical treatment, no photographs, and no contemporaneous complaint of injury leaves the evidentiary foundation for a § 273.5 charge weak. Your attorney obtains and scrutinizes all body camera footage, medical records, and booking photos for internal consistency.
Many witnesses recant before trial. Prosecutors proceed anyway with the 911 recording, officer notes, and prior statements. Under Crawford v. Washington, 541 U.S. 36 (2004), testimonial out-of-court statements are inadmissible unless the defendant had a prior opportunity to cross-examine the declarant. When the alleged victim does not testify, Crawford objections can exclude critical evidence and, in the right case, end the prosecution. Your attorney must analyze the admissibility of each statement individually.
DV cases without physical evidence rest entirely on the complaining witness’s credibility. Your attorney examines prior statements for inconsistencies, history of prior DV allegations, financial motives tied to civil proceedings, and mental health history bearing on reliability. Preliminary hearing cross-examination locks in testimony and surfaces impeachment material before trial.
An EPO is based on a brief, one-sided account given in a chaotic moment. Your attorney can move to modify or terminate it at the earliest appearance, preserving your right to return home and maintain contact with your children. Where law enforcement obtained evidence through an unlawful search, Fourth Amendment suppression motions can eliminate that evidence before trial.
The standard California DV case sequence, and where your attorney intervenes:
Decisions made in the days after a DV arrest can be as damaging as the original charge. These mistakes are common and preventable.
If you have been arrested for domestic violence in California, or believe an arrest is coming, take these steps immediately.
Every day without a lawyer is a day the prosecution shapes the record without opposition. Call (866) 811-4255 for a free, confidential consultation. Phones answered every day.
ALL Trial Lawyers was founded by Mohammad “Mo” Abuershaid, a former Orange County Public Defender. Mo earned Super Lawyers Rising Stars for seven consecutive years (2021-2026), an Avvo Rating of 10.0, Avvo Clients’ Choice (2020-2025), and a National Trial Lawyers Top 40 Under 40 designation.
Our criminal defense practice covers the charges that intersect with DV allegations: sex offenses (see our sex crimes defense page), DUI matters arising from the same incidents (see our California DUI page), and post-conviction relief. We serve Orange, Los Angeles, Riverside, San Bernardino, and San Diego Counties, plus federal courts in the Central and Southern Districts. Free consultations. English, Spanish, and Arabic spoken.
Past results do not guarantee future outcomes. Every case is different.
Yes. California authorizes warrantless DV arrests based on probable cause established by officer observations, scene evidence, and the alleged victim’s statements. The officer does not need to have witnessed anything. Responding officers are trained to make an arrest when there is any physical evidence of force, even when the alleged victim says they do not want charges filed.
An EPO can be issued by an officer at the scene before you are booked. The officer calls a duty judge and can obtain the order in minutes. The EPO takes immediate effect, lasts five to seven days, and can require you to vacate your shared residence. At arraignment, it transitions to a criminal protective order (CPO) under Cal. Penal Code § 136.2, which can last for the entire criminal proceeding and up to 10 years upon conviction.
The DA, not the alleged victim, decides whether to prosecute. California prosecutors are trained for recantation and will use the original 911 call, officer notes, injury photos, and prior statements even without the victim’s cooperation. However, if the victim refuses to testify, certain out-of-court statements may be excluded under Crawford v. Washington, 541 U.S. 36 (2004). Recantation does not end a case automatically, but it can significantly weaken the prosecution’s evidence.
Yes. Under 18 U.S.C. § 922(g)(9) (the Lautenberg Amendment), any misdemeanor DV conviction permanently prohibits federal firearm and ammunition possession. There is no expiration and no restoration for most people. California adds a 10-year ban under Cal. Penal Code § 29805 for misdemeanors. This applies even to a PC § 243(e)(1) plea. Many clients do not realize their prior DV misdemeanor has disqualified them from ever legally owning a firearm, which is one of the most compelling reasons to fight these charges aggressively.
Yes. Under 8 U.S.C. § 1227(a)(2)(E), any non-citizen convicted of a crime of domestic violence, stalking, child abuse, or a protective order violation is deportable. A felony DV conviction may qualify as an aggravated felony, making removal nearly automatic and barring most immigration relief. A misdemeanor DV conviction can be classified as a crime of moral turpitude, affecting visa renewals, green card applications, and naturalization. Do not enter any plea without first discussing the immigration consequences with experienced criminal defense counsel.
Under Cal. Family Code § 3044, a DV finding within the past five years creates a rebuttable presumption that awarding that parent custody is detrimental to the child. The accused parent must overcome this presumption by a preponderance of evidence. The finding can come from a criminal conviction, a civil DVRO, or the family court proceeding itself. Criminal and custody proceedings run simultaneously and directly affect each other.
Cal. Penal Code § 273.5 is a wobbler. A felony carries 2, 3, or 4 years in state prison and can count as a strike if great bodily injury is alleged. A misdemeanor carries up to one year in county jail. Both trigger the federal Lautenberg firearm ban. The difference in probation minimums, licensing consequences, and immigration exposure between felony and misdemeanor is significant, making charge reduction a central defense objective.
Under Cal. Penal Code § 1203.097, DV probation for a § 273.5 or § 243(e)(1) conviction requires a state-certified 52-week batterer’s intervention program (BIP). Courts cannot waive it. Sessions are typically weekly; failure to attend, complete, or pay is a probation violation. The BIP runs alongside the mandatory minimum 36-month probation term. Defendants who successfully negotiate a plea to PC § 415 avoid the BIP requirement entirely.
A DV misdemeanor may be eligible for expungement under Cal. Penal Code § 1203.4 after completing probation, including BIP. Expungement allows you to answer “no” on most private employment applications. However, it does not restore federal firearm rights, does not eliminate the immigration record of conviction, and does not remove the DV finding from family court records for Family Code § 3044 purposes. Licensing boards independently review convictions regardless of expungement. See our California expungement page for full details.
Yes, in appropriate cases. A common negotiated outcome is a plea to Cal. Penal Code § 415 (disturbing the peace), which does not carry the DV label and does not qualify as a “misdemeanor crime of domestic violence” under the Lautenberg Amendment. A § 415 plea avoids the lifetime federal firearm prohibition, the mandatory 52-week BIP, and the 36-month minimum probation term. Availability depends on the evidence, the facts, and the specific DA office. Not every case qualifies, but this option should be pursued in every case where the collateral consequences of a DV conviction would be catastrophic.
First-offense misdemeanor DV cases with no significant injury often resolve through probation rather than incarceration. A § 243(e)(1) first-offense might result in summary probation of one to three years, a DV fine, 52-week BIP, a no-contact order, and community service. A first-offense § 273.5 typically carries formal probation for a minimum of 36 months. Incarceration depends on injury severity, criminal history, and quality of legal representation. The Lautenberg firearm consequences apply regardless of sentence. Past results do not guarantee future outcomes. Every case is different.
California licensing boards for nurses, physicians, and teachers all have independent authority to discipline licensees based on DV convictions. The board analysis centers on whether the conviction is substantially related to the duties of the profession. For nurses and teachers, DV convictions are frequently treated as directly related to duties of care and trust, making formal discipline, suspension, or revocation a real risk. Rehabilitation evidence (BIP completion, character references) can mitigate but not guarantee avoidance of licensing action. Licensed professionals facing DV charges should consult both criminal defense and professional license defense counsel simultaneously.
The Lautenberg Amendment, codified at 18 U.S.C. § 922(g)(9), was enacted in 1996 and prohibits any person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. Congress defined the term broadly: any offense with an element of physical force or threatened use of a deadly weapon, committed by a person in a qualifying domestic relationship. The law applies retroactively and covers law enforcement and military personnel. California expungements under PC § 1203.4 do not restore federal firearm rights, so the prohibition survives even a successful expungement.
No. The prosecution must disprove self-defense beyond a reasonable doubt once the defense is raised. You do not carry a burden of proof. The practical challenge is building a credible self-defense record early: documenting your own injuries, preserving communications showing the other party was the aggressor, identifying witnesses, and obtaining security or body camera footage before it is overwritten.
Under Crawford v. Washington, 541 U.S. 36 (2004), the Sixth Amendment bars admission of “testimonial” out-of-court statements unless the declarant is unavailable and the defendant had a prior chance to cross-examine. When the alleged victim refuses to testify in a DV case, prosecutors typically rely on the original 911 call, officer notes, and prior written statements. Statements made to police investigating a completed crime are testimonial and can be excluded under Crawford. Statements made to address an ongoing emergency are generally not testimonial. Your attorney must analyze each statement individually and file motions in limine before trial to exclude what Crawford prohibits.
Yes. The Lautenberg Amendment bars active-duty military convicted of any DV offense from possessing a service weapon, triggering mandatory separation proceedings regardless of rank or service length. Security clearance holders face adjudication under guidelines covering personal and criminal conduct; even an arrest without conviction can trigger suspension. Permanent clearance revocation ends careers in intelligence, defense contracting, and federal law enforcement. If you are active-duty or hold a clearance, retaining qualified DV counsel immediately is essential.
A domestic violence arrest moves fast. The protective order may already be issued. The prosecution is building its file.
ALL Trial Lawyers represents clients charged with domestic violence throughout Southern California, including Orange, Los Angeles, Riverside, San Bernardino, and San Diego Counties. With 10,000+ cases handled, 75+ trials, and 150+ preliminary hearings, our team knows how to defend these cases at every stage. Free consultations. English, Spanish, and Arabic spoken.
Call (866) 811-4255 now, or use our online contact form.
Past results do not guarantee future outcomes. Every case is different. The information on this page is for general educational purposes and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Contact ALL Trial Lawyers directly to discuss the specific facts of your situation. ALL Trial Lawyers is a d/b/a of Abuershaid Law, APC. Licensed in the State of California.
All fields are required. If you need immediate assistance, do not hesitate to call us at (866) 811-4255.