Domestic violence allegations can result in immediate arrest, protective orders, firearm restrictions, mandatory counseling, jail exposure, and other serious consequences. A criminal charge can also affect your home, family relationships, employment, and reputation before the case is ever resolved.
If you have been arrested, charged with domestic violence, or believe you are under investigation in Fresno County, it is important to understand exactly what offense is being alleged and what evidence the prosecution intends to use.
Fresno domestic violence attorney Gregory W. Fox has more than 20 years of criminal defense experience and represents clients facing misdemeanor and felony domestic violence charges throughout Fresno and Central California.
Call (559) 222-5800 to request a consultation.
Domestic Violence Charges We Defend
Domestic violence is not a single criminal charge. California law includes several offenses that may be treated as domestic violence when the alleged conduct involves a spouse, former spouse, cohabitant, former cohabitant, dating partner, former dating partner, co-parent, or another qualifying relationship.
The Law Office of Gregory W. Fox represents clients facing allegations involving:
- Corporal injury to a spouse or cohabitant
- Domestic battery
- Assault and battery involving a dating partner or family member
- Criminal threats
- Stalking
- Violation of a protective or restraining order
- False imprisonment
- Child-related domestic violence allegations
- Domestic violence involving strangulation or suffocation allegations
- Domestic violence involving weapons
- Felony domestic violence charges
The exact charge depends on the alleged conduct, injuries, relationship between the people involved, prior history, and other circumstances.
California Penal Code § 273.5 – Corporal Injury
California Penal Code § 273.5 applies when prosecutors allege that a person willfully inflicted a physical injury resulting in a “traumatic condition” on a qualifying intimate partner.
A traumatic condition can include a wound or other bodily injury caused by physical force.
Depending on the circumstances, a violation of Penal Code § 273.5 may be charged as either a misdemeanor or a felony.
The prosecution must still prove the required elements of the offense, including that the defendant willfully caused the injury.
The defense may examine:
- How the injury occurred
- Whether the injury was accidental
- Whether the defendant acted in self-defense
- Whether the alleged victim was the initial aggressor
- Whether the physical evidence matches the accusation
- Whether witness statements are consistent
California Penal Code § 243(e)(1) – Domestic Battery
California Penal Code § 243(e)(1) addresses battery involving certain intimate partners and family relationships.
Unlike Penal Code § 273.5, domestic battery does not require prosecutors to prove that the alleged victim suffered a traumatic injury.
A relatively minor use of force may potentially support a charge if the other required elements are established.
This distinction is important because a person may face a domestic battery allegation even when there is little or no visible injury.
Penal Code § 243(e)(1) is generally prosecuted as a misdemeanor.
What Is the Difference Between PC 273.5 and PC 243(e)(1)?
The central distinction is usually whether the prosecution alleges that the defendant caused a traumatic physical injury.
Penal Code § 273.5 generally requires an alleged traumatic condition and may be charged as a misdemeanor or felony.
Penal Code § 243(e)(1) generally does not require a traumatic injury and is ordinarily prosecuted as a misdemeanor.
The actual charge can have important consequences for potential custody time, probation conditions, firearm rights, and other penalties.
What Happens After a Domestic Violence Arrest?
Domestic violence cases can move quickly after an arrest.
Depending on the circumstances, the accused may face:
- Booking and bail
- Arraignment
- Emergency protective orders
- Criminal protective orders
- Restrictions on contacting the alleged victim
- Restrictions on returning to a shared residence
- Firearm surrender requirements
- Conditions of pretrial release
A court order can remain enforceable even if the alleged victim later says that he or she wants contact with the defendant.
That means the defendant should follow the actual terms of the court order rather than relying on private communications with the alleged victim.
Emergency Protective Orders and Criminal Protective Orders
Protective orders are common in domestic violence cases.
An emergency protective order may be issued shortly after an arrest and can temporarily restrict contact between the accused and the alleged victim.
A criminal protective order may later be issued by the court while the criminal case is pending.
Depending on the order, restrictions may include:
- No direct contact
- No phone calls or text messages
- No social-media contact
- Stay-away requirements
- Restrictions on returning to a shared residence
- Firearm possession restrictions
Violating a valid protective order can result in additional criminal charges.
If you are unsure what contact is permitted, follow the written order and obtain legal advice before communicating with the protected person.
What if the Alleged Victim Wants to Drop the Charges?
The alleged victim does not personally control whether a criminal case is filed or dismissed.
Once law enforcement and prosecutors become involved, the decision to pursue charges generally belongs to the prosecuting agency.
An alleged victim may tell prosecutors that he or she does not want the case to continue, but that does not automatically result in dismissal.
Prosecutors may attempt to proceed using:
- 911 recordings
- Body-worn camera footage
- Photographs
- Medical records
- Statements made at the scene
- Witness testimony
- Text messages
- Other physical or electronic evidence
The defense should therefore evaluate the entire evidence file rather than assuming that the case will disappear if the alleged victim changes his or her position.
False or Exaggerated Domestic Violence Allegations
Domestic violence accusations can arise during emotionally charged situations involving relationships, separation, custody disputes, jealousy, alcohol use, or arguments.
An accusation does not automatically establish that a crime occurred.
Potential defense issues may include:
- Conflicting witness statements
- Inconsistent descriptions of the incident
- Physical evidence that does not match the allegation
- Video or audio evidence
- Text messages or other communications
- Evidence of motive to exaggerate or fabricate
- Statements made before or after the alleged incident
The defense should examine the accusation in context rather than relying solely on the initial police report.
Self-Defense in a Domestic Violence Case
A person may lawfully use reasonable force to defend against an imminent threat in appropriate circumstances.
Self-defense can become an important issue when both people were involved in a physical confrontation.
The defense may examine:
- Who initiated the physical encounter
- Whether threats were made
- Whether the defendant reasonably believed force was necessary
- The amount of force used
- Injuries suffered by both parties
- Witness statements
- Photographs or video
The fact that police arrested one person at the scene does not necessarily determine who was legally responsible for what occurred.
Evidence in a Domestic Violence Case
Domestic violence prosecutions often depend heavily on evidence created immediately before, during, and after the alleged incident.
Important evidence may include:
- 911 calls
- Body-worn camera footage
- Security or doorbell-camera video
- Photographs of injuries
- Photographs of the scene
- Medical records
- Text messages
- Emails
- Social-media communications
- Witness statements
- Cellphone records
Preserving potentially helpful evidence early can be important because video may be deleted, messages may disappear, and witnesses may become harder to locate over time.
Penalties for Domestic Violence in California
The consequences of a domestic violence conviction depend on the specific charge, whether the case is a misdemeanor or felony, prior convictions, injuries, and other allegations.
Potential consequences may include:
- Jail or prison
- Probation
- Fines and assessments
- Mandatory domestic violence or batterer intervention programming
- Protective orders
- Firearm restrictions
- Restitution
- Employment or professional licensing consequences
- Immigration consequences in some cases
The defense should evaluate both the immediate criminal penalties and the long-term consequences of a proposed plea or conviction.
Firearm Rights After a Domestic Violence Conviction
Domestic violence convictions can have serious consequences for firearm ownership and possession. California law imposes firearm restrictions following certain misdemeanor and felony convictions, and federal law may impose additional restrictions in qualifying cases. For more information about related firearm allegations and restrictions, see our Fresno gun and weapons charges page.
The duration of a firearm prohibition can depend on the exact conviction and circumstances.
A defendant should understand these consequences before entering a plea because reducing or later dismissing a conviction does not necessarily restore firearm rights.
For related information, see our page on California gun and weapons charges.
Can a Domestic Violence Charge Be Reduced or Dismissed?
Potential outcomes depend on the facts and evidence.
Charges may sometimes be reduced or dismissed because of:
- Insufficient evidence
- Conflicting or unreliable witness statements
- Self-defense
- Evidence that contradicts the accusation
- Constitutional or evidentiary issues
- Successful defense motions
- Negotiations with the prosecution
No attorney can guarantee a particular outcome.
The defense strategy should be based on the actual evidence and the client’s goals.
Can a Domestic Violence Conviction Be Expunged?
Some qualifying California domestic violence convictions may later be eligible for dismissal or other post-conviction relief.
Depending on the conviction and sentence, relief may include:
- Dismissal under California Penal Code § 1203.4
- Reduction of an eligible felony to a misdemeanor under Penal Code § 17(b)
- Other available record-clearing relief
An expungement does not erase every consequence of a domestic violence conviction and does not automatically restore firearm rights.
Learn more about California expungement and post-conviction relief.
Defenses to Domestic Violence Charges
No single defense applies to every case.
Depending on the circumstances, potential defenses or challenges may include:
Self-Defense or Defense of Another Person
The defendant may have used reasonable force in response to an imminent threat.
False Accusation
The alleged incident may have been exaggerated or fabricated.
Accidental Injury
The prosecution may be unable to prove that an injury was willfully inflicted.
Insufficient Evidence
Conflicting witness statements, missing evidence, unreliable testimony, or other weaknesses may prevent prosecutors from proving the charge beyond a reasonable doubt.
The Injury Does Not Support the Charged Offense
The nature of the alleged injury can affect whether prosecutors can establish the elements of a particular domestic violence charge.
Constitutional or Evidentiary Issues
Statements, searches, recordings, or other evidence may raise questions concerning admissibility or constitutional protections.
What Should You Do After a Domestic Violence Arrest?
If you have been arrested or accused of domestic violence:
- Follow every protective order. Do not assume contact is allowed simply because the alleged victim initiates it.
- Avoid discussing the case publicly. Statements made by text, email, social media, or to other people may become evidence.
- Preserve evidence. Save messages, photographs, videos, emails, and other information that may help explain what occurred.
- Do not pressure the alleged victim or witnesses. Attempts to influence testimony can create additional legal problems.
- Speak with a criminal defense attorney. Early review can help identify evidence, explain court orders, and begin preparing the defense.
Frequently Asked Questions About Domestic Violence Charges in California
Is domestic violence always a felony in California?
No.
Some domestic violence offenses are misdemeanors, while others may be charged as either misdemeanors or felonies depending on the offense, injury, prior history, and circumstances.
Can I be charged with domestic violence if there is no visible injury?
Yes.
A domestic battery charge under Penal Code § 243(e)(1) does not require prosecutors to prove a traumatic injury.
The absence of visible injury may still be relevant to the overall evidence and to which offense can be proven.
Can the alleged victim drop domestic violence charges?
The alleged victim can communicate his or her wishes to prosecutors, but the decision to file or dismiss a criminal case generally belongs to the prosecution.
Can I contact the alleged victim if he or she contacts me first?
Not necessarily.
If a protective order prohibits contact, the defendant must follow the court order even if the protected person initiates communication.
Can a domestic violence conviction affect my gun rights?
Yes.
Certain misdemeanor and felony domestic violence convictions can trigger state and federal firearm restrictions.
The exact consequences depend on the specific conviction and circumstances.
Can domestic violence charges be dismissed?
Potentially.
Dismissal may be possible when the prosecution cannot prove the charge, evidence is excluded, witness testimony is unreliable, self-defense applies, or other legal or factual problems exist.
No result can be guaranteed.
Can a domestic violence conviction be expunged?
Some qualifying convictions may later be eligible for dismissal or other post-conviction relief.
Expungement does not necessarily eliminate every collateral consequence, including firearm restrictions.
Speak With a Fresno Domestic Violence Attorney
Domestic violence cases can affect far more than the immediate criminal charge. Protective orders, firearm restrictions, housing, family relationships, employment, and your criminal record may all be affected.
Gregory W. Fox has more than 20 years of criminal defense experience and personally handles the cases accepted by the Law Office of Gregory W. Fox. He represents clients facing domestic battery, corporal injury, protective-order violations, and other domestic violence charges throughout Fresno and Central California.
If you have been arrested, charged, or are under investigation for domestic violence, contact the Law Office of Gregory W. Fox to discuss your case.
Call (559) 222-5800 to request a consultation.