What Happens After You’re Accused of Domestic Violence in San Diego

Maybe you or a loved one is facing or is accused of domestic violence charges that could destroy everything you’ve built.

Being accused of domestic violence in California triggers an immediate chain of legal events that can upend your entire life within hours.

At David P. Shapiro Criminal Defense Attorneys, we’ll help you understand what consequences these accusations carry and what next steps you should take.

The Immediate Impact of Being Accused of Domestic Violence

California law enforcement takes domestic violence allegations seriously. Officers responding to a domestic disturbance call operate under policies that often result in an arrest.

If they see any evidence of physical contact or injury, someone is getting arrested, regardless of who started the conflict or whether anyone wants to press charges.

Once arrested, you’ll face:

• Booking
• Fingerprinting
• Potentially spending the night in jail
• Court will likely issue an emergency protective order immediately
  • This forces you out of your home and prohibits any contact with your accuser
  • Happens before you’ve been convicted of anything

The prosecution begins building its case from the moment of arrest. They’ll photograph any marks or injuries on the accuser, collect witness statements, and document the scene.

Everything you say becomes potential evidence against you.

California Domestic Violence Laws and Potential Charges

California Penal Code Section 273.5 addresses corporal injury to a spouse or cohabitant. This charge applies when someone willfully inflicts physical injury resulting in a traumatic condition on:

• A current or former spouse
• A person you live with or previously lived with
• The parent of your child
• Someone you’re dating or engaged to

This offense can be charged as either a misdemeanor or a felony. A misdemeanor conviction brings up to one year in county jail and fines. Felony convictions carry potential multi-year prison terms.

How Prosecutors Decide Which Charges to File

Several factors influence whether you’ll face misdemeanor or felony domestic violence charges:

• Severity of injuries sustained by the accuser
• Your criminal history, especially prior domestic violence convictions
• Whether weapons were involved
• Presence of children during the incident
• Violation of existing restraining orders

Prosecutors often file the most serious charges possible initially. They may offer to reduce felony charges to misdemeanors in exchange for a guilty plea.

When You’re Falsely Accused of Domestic Violence

False allegations of domestic violence are more common than many realize, and the consequences can be devastating. These accusations often arise in situations where personal conflicts spill into the legal system.

• Custody disputes – One parent may exaggerate or invent claims to gain an advantage in family court
• Divorce proceedings – Allegations are sometimes used to influence property division or spousal support
• Relationship conflicts – Accusers may act out of anger, revenge, or attempts to control the other party
• Housing and property leverage – Claims may be made to secure exclusive possession of a shared home

Even when an accusation is false, it can lead to criminal charges. Prosecutors often pursue cases even if the accuser later recants or refuses to testify.

Red Flags That Suggest False Allegations

Experienced defense attorneys look for specific indicators of false accusations:

• Timing coincides with divorce filing or custody hearings
• No physical evidence supporting the alleged injuries
• Inconsistent statements from the accuser
• History of false allegations against others
• Financial motives for making accusations
• Witnesses who contradict the accuser’s version

Building a defense against false allegations requires careful documentation and strategic evidence gathering. Text messages, emails, and social media posts can reveal the accuser’s true motives or contradict their claims.

The Criminal Court Process After Domestic Violence Charges

Domestic violence cases move quickly in California courts, and defendants often face serious restrictions right away. Each stage follows a defined path.

• Arraignment (first appearance, usually within a few days)
  • Judge formally reads the charges
  • Defendant enters a plea, most often not guilty, at this stage
  • Bail and conditions of release are addressed
• Protective orders
  • Judges often issue criminal protective orders
  • These orders typically:
    • Prohibit contact with the alleged victim
    • Require moving out of a shared residence
  • Violations bring additional criminal charges
• Pre-trial proceedings
  • Discovery begins, with both sides exchanging evidence.
  • Motions may be filed to:
    • Suppress unlawfully obtained evidence
    • Dismiss charges when the evidence is insufficient
  • Many cases resolve here through plea negotiations
• Trial (if the case does not resolve earlier)
  • Prosecution must prove guilt beyond a reasonable doubt
  • Evidence may include:
    • Physical exhibits
    • Witness testimony
    • Expert analysis
  • Defense presents counterarguments and evidence to dispute the charges.

This sequence, from arraignment to trial, defines how domestic violence charges proceed through California’s criminal courts.

Restraining Orders and Their Long-Term Effects

Criminal protective orders issued in domestic violence cases can last up to 10 years. These orders restrict where you can go and who you can contact. They may prevent you from:

• Returning to your home
• Seeing your children without supervision
• Going near your workplace if the accuser works there
• Possessing firearms or ammunition
• Contacting the accuser through third parties

Violating a restraining order is a separate crime carrying its own penalties. Even seemingly innocent contact, like responding to a text message from the accuser, can result in arrest and additional charges. Remember, the order prevents you from contacting them, not them contacting you.

The accuser can request modifications to the order, but only the judge can officially change or dismiss it.

Impact on Child Custody Proceedings

You’ll need to present clear and convincing evidence that giving you custody serves the children’s best interests. This often requires:

• Completing a certified batterer’s intervention program
• Submitting to regular alcohol or drug testing
• Participating in parenting classes
• Following all probation requirements
• Demonstrating rehabilitation and changed behavior

Even without a conviction, mere allegations can influence custody decisions. Family court judges may err on the side of caution, limiting your parenting time while the criminal case proceeds.

Professional and Personal Consequences of a Domestic Violence Conviction

Many employers conduct background checks and will see your conviction. Professional licenses for teachers, healthcare workers, attorneys, and real estate agents can be suspended or revoked. Government employees and contractors may lose security clearances.

Immigration consequences affect non-citizens severely. Domestic violence convictions can trigger:

• Deportation proceedings
• Denial of naturalization applications
• Inadmissibility for re-entry to the United States
• Loss of legal permanent resident status

Federal law prohibits anyone convicted of domestic violence from owning or possessing firearms for life. This includes ammunition and affects careers in law enforcement, military service, or security.

Building Your Defense Strategy

Successful defense against domestic violence charges requires immediate action and careful planning. And self-defense remains one of the strongest defenses against domestic violence charges.

California law allows you to use reasonable force to protect yourself from immediate harm. Your attorney must show:

• You reasonably believed you were in immediate danger
• You believed force was necessary to prevent harm
• You used no more force than reasonably necessary

Lack of willful intent provides another defense avenue. If contact was accidental or you didn’t intend to cause harm, you may avoid conviction. The prosecution must prove you acted willfully, not just carelessly.

What Insufficient Evidence Entails

Insufficient evidence often leads to dismissal or acquittal. Without independent witnesses, these cases often become “he said, she said” situations.

Your attorney can highlight inconsistencies in the accuser’s statements and the lack of corroborating evidence.

Why You Need an Experienced Criminal Defense Attorney

Domestic violence cases involve complex legal and emotional dynamics. Prosecutors receive special training in handling these cases and know how to present them effectively to juries.

At David P. Shapiro Criminal Defense Attorneys, we understand the collateral consequences of a conviction and work to minimize the impacts on your professional and personal life.

Let our team negotiate with prosecutors for reduced charges or alternative sentencing options. Reach out to our team. The sooner you contact us, the better we can protect your rights and build your defense.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.