Were you arrested on a domestic violence charge in San Diego, California? Blair Defense Criminal Lawyers can help when you call (619) 357-4977. We offer a free consultation with an experienced San Diego domestic violence lawyer. You’ll get clear information about the process, your rights, and possible next steps so you can make informed choices.
Early guidance matters. Our team can review your situation, explain upcoming court appearances and the basics of protective orders, and discuss options that may be available in your case. We’re here to answer questions, keep you informed, and help shape a defense approach aligned with your goals.
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Why Choose Blair Defense Criminal Lawyers for Help if You Were Arrested for Domestic Violence in San Diego?
At Blair Defense Criminal Lawyers, we regularly represent individuals facing domestic violence charges. Our firm delivers strategic, client-first advocacy, our attorneys bring seasoned judgment, and we stay focused on results.
Here’s why clients choose us when they need help:
- With more than 14 years of criminal defense experience, we bring seasoned insight to every case.
- Members of our team have been included in the Multi-Million Dollar Advocates Forum.
- Backed by 150+ five-star Google reviews (and counting), our team has earned the trust of clients across the region.
- Our attorneys have been recognized by Super Lawyers.
- We offer free, confidential consultations to help you understand your options before taking the next step.
Contact us today to discuss your case. We offer a free consultation with our experienced San Diego criminal defense lawyers.
What Is Domestic Violence in California?
In California, “domestic violence” generally refers to criminal conduct—such as battery, threats, stalking, or abuse—committed against someone with whom the accused has a qualifying domestic relationship (spouse, former spouse, cohabitant, dating partner, fiancé/fiancée, or the parent of a child).
Charges can range from misdemeanors to felonies, depending on the nature of the conduct and any resulting injuries.
Domestic Battery – Penal Code § 243(e)(1)
Domestic battery involves the unlawful and willful use of force or violence against a person with whom the accused has a qualifying domestic relationship, such as a spouse, former spouse, cohabitant, or dating partner.
Unlike other battery charges, this offense does not require visible injury. Even minimal or alleged physical contact can be enough for an arrest. Domestic battery is typically charged as a misdemeanor and can result in jail time, fines, probation, mandatory counseling, and a protective order.
Child Abuse: Penal Code 273a(b)
Penal Code § 273a(b) applies when a person is accused of placing a child in a situation where the child’s health or safety may be endangered, even if no actual injury occurs. This can include acts or omissions, such as neglect or exposing a child to dangerous conditions.
Child abuse is usually charged as a misdemeanor, but the allegations can still carry serious consequences, including jail time, probation, and involvement from child protective services.
Corporal Injury to a Spouse – Penal Code § 273.5
A corporal injury to a spouse charge applies when a person is accused of willfully inflicting a physical injury that results in a “traumatic condition” on a spouse, former spouse, cohabitant, dating partner, or the parent of their child.
A traumatic condition can include any visible injury, such as bruising or swelling, no matter how minor. Penal Code § 273.5 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the severity of the injury and the accused’s criminal history.
Stalking and Harassment – Penal Code § 646.9
Stalking involves willfully and repeatedly following, harassing, or threatening another person, causing them to reasonably fear for their safety or the safety of their immediate family. This offense can involve in-person conduct, phone calls, messages, or online behavior.
Stalking may be charged as a misdemeanor or felony and can lead to significant penalties, including jail or prison time, restraining orders, and long-term consequences.
Criminal Threats – Penal Code § 422
Penal Code § 422 covers threats to commit a crime that would result in death or great bodily injury, when the threat is specific and causes the alleged victim to experience sustained fear. The threat does not need to be carried out to result in charges.
Criminal threats can be charged as a misdemeanor or a felony and often accompany domestic violence allegations, particularly during heated disputes or arguments.
Is Domestic Violence a Felony?
Domestic violence can be charged as either a misdemeanor or a felony in California. The classification depends on factors such as the specific offense, whether injuries were alleged, the severity of those injuries, the presence of prior convictions, and whether a weapon was involved.
For example, domestic battery under Penal Code § 243(e)(1) is typically a misdemeanor, while corporal injury to a spouse under Penal Code § 273.5 may be filed as a felony if the alleged injuries are serious.
What Is Considered a Domestic Relationship in California?
California law defines a domestic relationship broadly. A domestic violence charge may apply if the alleged conduct involved a current or former spouse, a cohabitant or former cohabitant, a dating or engagement relationship, or the parent of the accused’s child.
Relationships do not need to be long-term or formal to qualify, and disputes involving former partners can still fall under domestic violence statutes.
What Defenses Can Be Raised if I’m Accused of Domestic Violence?
Being accused of domestic violence does not mean you are guilty, and several legal defenses may be available depending on the facts of the case. A defense strategy is typically tailored to the specific allegations, the evidence, and the relationship between the parties.
Common defenses that may be raised include:
- Self-defense or defense of others
- False or exaggerated accusations.
- Lack of intent
- Insufficient evidence
- Inconsistencies in statements
- Violation of constitutional rights
The availability and strength of any defense depend on the details of the case.
What Are the Penalties for Domestic Violence?
Domestic violence convictions in California can carry a wide range of penalties, depending on whether the charge is filed as a misdemeanor or a felony, the severity of the alleged conduct, and whether the accused has prior convictions.
Courts often impose multiple penalties at once, which may include the following:
- Jail or prison time, ranging from a few days in county jail to several years in state prison.
- Fines and court fees
- Probation or parole
- Mandatory domestic violence counseling or batterer’s intervention programs
- Protective or restraining orders
- Loss of firearm rights
- Additional long-term consequences, such as damage to employment opportunities, professional licensing issues, and immigration consequences for non-citizens.
Remember, a domestic violence arrest does not automatically mean a conviction, and the outcome often depends on the specific facts of the case and how it is handled early on.
What Happens To First-Time Offenders for Domestic Violence?
First-time offenders may still face serious consequences. Even without prior convictions, courts can impose:
- Jail time
- Probation
- Mandatory classes
- Restraining orders.
Some first-time cases may be eligible for alternative resolutions, reduced charges, or dismissal, depending on the facts and the strength of the evidence. Early involvement by a defense attorney can help identify these possibilities.
Do Domestic Violence Cases Get Dismissed?
Domestic violence cases can be dismissed in California, but dismissal depends on the strength of the evidence and the specific circumstances of the case.
While every situation is different, cases may be dismissed for several common reasons, including:
- Insufficient evidence
- Inconsistent or unreliable statements
- False or exaggerated allegations
- Constitutional or procedural violations
- Uncooperative witnesses
- Successful pretrial motions or negotiations
Although dismissals are possible, prosecutors can still pursue charges even if the alleged victim does not want to proceed.
Statute of Limitations for Domestic Violence Cases in California
The statute of limitations in domestic violence cases depends on whether the offense is charged as a misdemeanor or a felony. Most domestic violence charges must be filed within one to three years of the alleged incident. In some cases, however, you may have up to five years or even longer to file.
Always check with your attorney to determine the exact time limit that applies to your case.
Schedule a Free Consultation With a San Diego Domestic Violence Lawyer Near You
If you were arrested for domestic violence in California, it’s important to understand your rights and options as early as possible. Blair Defense Criminal Lawyers offers free consultations to help you make informed decisions about your next steps.
Call to speak with an experienced San Diego domestic violence lawyer today.
Domestic Violence Resources & Blogs
- How a Defense Lawyer Can Help If You’re Accused of Domestic Violence
- Domestic Violence – Common Tactics of Control
- Prosecution Tactics in Domestic Violence Matters
- How Much Time Am I Looking At for a Domestic Violence Charge?
- What Happens When A Domestic Violence Victim Doesn’t Want To Press Charges?
- Will I Go to Jail if Convicted of Domestic Violence?
- Domestic Violence Statistics in California
- Process of a Domestic Violence Case
- Aggravated Trespassing to a Family Member
