Accusations of domestic violence can have a profoundly negative effect on your personal and professional life. Whether the accusations are the result of a misunderstanding or a ploy to gain leverage in a divorce or custody hearing, the fallout can leave you overwhelmed.
You may wonder, “Can domestic violence charges be dropped in California?” Technically, domestic violence charges can be dismissed, but given the serious nature of the charge, it can be difficult.
Hire a Domestic Violence Lawyer
You do not have to face the challenge of responding to domestic violence allegations alone when you hire a domestic violence lawyer to safeguard your interests. Accusations of domestic violence should never be taken lightly.
At the Law Office of Jonathan Steele, we understand how difficult it can be to face such serious criminal charges. With 78 years of combined experience, our team has experience negotiating and litigating on behalf of our California clients.
Domestic Violence-Related Calls in California
In California, the Open Justice initiative led by the California Department of Justice tracks domestic violence-related calls for assistance throughout the state. During 2024, there were a total of 163,024 calls. Of those calls:
- 98,618 involved a weapon.
- 9,174 involved strangulation or suffocation.
If you have been accused of domestic violence, your case may be heard in different courts depending on the specifics of the charges. Criminal cases are handled in criminal court once an official arrest has been made.
When a civil restraining order is issued for domestic violence, that case is heard either in family law court or civil court, depending on the area. When domestic violence charges affect a divorce or custody hearing, that case is heard in family court.
Understanding Domestic Violence
Domestic violence is not a distinct crime. Instead, domestic violence involves crimes against people who have a specific type of relationship with the offender. California Penal Code 13700 defines which relationships can result in domestic violence charges.
Domestic violence can be committed against an adult or a minor if they are:
- A spouse
- A former spouse
- A cohabitant
- A former cohabitant
- Someone you share a child with
- Someone you have or have had a dating relationship with
Common Defenses Against Domestic Violence Charges
Facing charges of domestic violence can be devastating, but experienced California domestic violence attorneys can employ common defense strategies to counter these charges. Common strategies include:
- Lack of injuries. Domestic violence charges require proving that the accused’s behavior caused a traumatic condition in the alleged victim. If there are no physical injuries, if the injuries are inconsistent with the allegations, or if there is a possible alternative explanation, the charges may be disputed.
- False allegations. Allegations of domestic violence may be false when they coincide with a pending divorce proceeding, a child custody dispute, or immigration conflicts. False accusations are also more likely to occur after a serious argument. Calling the accuser’s credibility into question can reveal inconsistencies.
- Self-defense. If you harm someone while defending yourself or someone else, it is a permissible action as long as you used reasonable force in your actions. Having defensive injuries or providing evidence that the accuser was the aggressor could lead to dismissed charges.
- Accidental. Domestic violence charges have to result from willful conduct. Accidental conduct caused by a mutual struggle, while trying to perform another action, or as a reflex, does not reach the correct level of culpability.
FAQs
Do First-Time Domestic Violence Offenders Go to Jail in California?
It is possible for first-time domestic violence offenders to go to jail or prison in California. Prison or jail time can vary based on many factors. For a felony domestic violence charge, you would face more prison time than you would for a misdemeanor. Many first-time domestic violence offenders avoid jail by agreeing to probation, counseling, or court-approved intervention programs.
Are There Diversion Program Alternatives for Domestic Violence Charges in California?
There are limited diversion program alternatives available for domestic violence charges in California. If you are charged with domestic violence against a child, you may qualify for parental diversion under Penal Code 1001.70.
Successfully completing education, treatment, and rehabilitation programs can allow you to avoid a conviction. This program is only available for first-time offenders with a clean probation or parole history.
How Much Does a Domestic Violence Attorney Charge in California?
In California, the cost of a domestic violence attorney varies with the specifics of your case. Many charge based on an hourly rate, while some may charge a flat fee depending on the type of case. You may also need to pay a retainer fee before any work can begin on your case. Cases that go to trial may be charged a trial fee.
What Is the Penalty for Domestic Violence in California?
There are many potential penalties for a domestic violence charge or conviction in California. If convicted, you could face time in prison, large fines, and restitution payments to your victim. In addition, the charge counts as one of your three strikes.
A domestic violence charge or conviction could also be used against you during a divorce or child custody hearing. This could result in a skewed distribution of the marital estate or restrictions on your parenting time.
What Types of Evidence Are Common in Domestic Violence Cases?
Some types of evidence are common in domestic violence cases. There is usually physical evidence, such as photos of injuries, hospital records, police reports, or 911 call recordings.
There could also be electronic evidence, such as text messages, call logs, security camera footage, or voicemails. Witness accounts or testimony may be used as well. A history of prior domestic violence incidents can be used as evidence.
Contact the Law Office of Jonathan Steele
At the Law Office of Jonathan Steele, we take a client-centered approach to all our cases. We understand that it can be difficult to face these charges without strong support. Our attorneys personally represent each client throughout the duration of their case.
We pride ourselves on prioritizing our clients. We are always available to answer your questions or discuss your case. Our attorneys keep our clients fully informed, so there are no surprises. Contact us today to schedule your initial consultation.
