DV Charge Defense

California Penal Code §243(e)(1) – Misdemeanor Domestic Battery

This charge involves the use of force or violence against a current or former spouse, dating partner, cohabitant, or the parent of your child. No visible injury is required for a conviction—only that force was used. It’s a misdemeanor punishable by up to one year in jail and fines.

California Penal Code §273.5 – Corporal Injury to a Spouse or Cohabitant

This is a more serious domestic violence charge involving the intentional infliction of physical injury resulting in a visible wound or traumatic condition. It can be charged as a misdemeanor or felony (“wobbler”) and may carry significant jail or prison time.

California Penal Code §646.9 – Stalking

This statute covers repeated harassment or threats that place someone in fear for their safety or the safety of their loved ones. It can be charged as a misdemeanor or felony, depending on prior convictions or the presence of restraining orders.

California Penal Code §236 – False Imprisonment

This charge involves unlawfully restraining, detaining, or confining someone without their consent. It can apply to domestic situations where one party prevents the other from leaving. It may be charged as a misdemeanor or felony depending on the facts.

California Penal Code §273.6 – Violation of a Restraining Order

This code makes it a crime to knowingly violate a valid court-issued restraining or protective order. Even if the protected person initiates contact, the restrained person can still face criminal charges for responding or interacting.

Domestic violence charges don’t just threaten your freedom — they can change every part of your life. These cases often move quickly, and the consequences can reach far beyond the criminal courtroom, affecting your family relationships, career, and future long after the case itself ends.

A domestic violence conviction can lead to:

• Jail or prison time; a simple domestic violence felony can carry up to four years in prison, or up to one year in jail with probation.
• A permanent criminal record -- Loss of your professional license
• Restraining orders for up to ten years
• Loss of gun rights, even for a misdemeanor
• Child custody issues, domestic violence cases can change an ongoing family law case

If you are granted probation after a domestic violence conviction in California, the law sets out mandatory terms the court must impose. These include:

• 52-Week Batterer’s Intervention Program – You must complete a certified year-long counseling program with weekly classes.
• Protective Orders – The court will likely issue a criminal protective order, even if the protected person doesn’t request it. This may include stay-away or no-harassment conditions.
• Probation Supervision – Formal probation is typically required, which means regular check-ins with a probation officer.
• Fines and Fees – The court may order restitution, victim compensation, and additional court-imposed fines and assessments.
• Community Service or Jail Time – Depending on the case, the court may impose county jail time or require volunteer work.
• Search Conditions and Firearm Restrictions – You may be subject to warrantless searches, and you’ll be prohibited from owning or possessing firearms.

These requirements are mandatory and must be followed precisely. Failing to comply with any condition can result in a probation violation and possible jail time.

Many people are surprised to learn that in a domestic violence case, the alleged victim does not have the power to “drop the charges.” Once law enforcement responds to a domestic incident, a report is forwarded to the District Attorney’s office. From that point forward, the decision to file or pursue charges belongs entirely to the prosecution — not the people involved.

Domestic violence cases are handled differently than most criminal cases. Prosecutors are accustomed to alleged victims recanting or trying to walk back statements, and they are trained to move forward even without a cooperative witness. Attempting to persuade the alleged victim to intervene can actually make matters worse. In some situations, contact may be interpreted as dissuasion, intimidation, harassment, or even witness tampering — which can result in new criminal charges.

This is why early involvement by an experienced defense attorney is critical. At Couzens Criminal Defense, we engage with the District Attorney’s office as early as possible, presenting context, character evidence, and mitigating information in an effort to challenge the case and, when possible, stop charges before they are formally filed.

Every domestic violence case is different, and there is no one-size-fits-all defense. The right strategy depends on what actually happened, how law enforcement handled the investigation, and what evidence the prosecution is relying on. At Couzens Criminal Defense, we take a detailed, case-by-case approach — examining the facts, identifying weaknesses, and building a defense designed to protect your freedom and your future.

Depending on the evidence, your defense may involve one or more of the following arguments:

1. Self-Defense or Defense of Others: You may have acted reasonably to protect yourself or another person from harm. California law allows the use of force if you were facing an immediate threat.
2. False Accusations: Domestic violence claims are sometimes made out of anger, retaliation, or to gain leverage in family court. We investigate motive, credibility, and inconsistencies in the accuser’s statements.
3. Lack of Evidence: The prosecution must prove the charge beyond a reasonable doubt. If the evidence is weak, missing, or contradictory, we strategicly challenge its sufficiency.
4. Mutual Combat: If both parties were engaged in a physical altercation and there is no clear primary aggressor, the prosecution may not be able to prove the necessary elements of the offense.
5. No Intent to Harm: Many domestic violence charges require proof of intent. Accidental or incidental contact does not meet the legal standard for a conviction.
6. No Visible Injury (in Penal Code § 273.5(a) cases): Where there is no visible injury and no corroborating evidence, it may be possible to prevent charges from being filed or to seek dismissal.
7. Violation of Constitutional Rights: If law enforcement violated your rights — such as through an illegal search, a failure to provide Miranda warnings, or coercive questioning — we may seek to suppress critical evidence.
8. Alibi: If you were not present at the time of the alleged incident, we can present evidence such as witness statements, phone records, or surveillance footage.
9. Improper Police Investigation: Domestic calls are often chaotic and emotionally charged. We examine body-camera footage, dispatch logs, and police reports for mistakes, bias, or procedural failures.
10. Plea Negotiation or Diversion Programs: In appropriate cases, we may pursue resolutions that avoid a conviction, including counseling, anger management, or diversion.

If charges are filed, we continue to fight from every angle — working to reduce or dismiss the case, negotiate a resolution that protects your future, and, when necessary, prepare to defend you strategicly at trial.

At Couzens Criminal Defense, you benefit from:

• A former award-winning prosecutor who now defends people accused of domestic violence
• Nearly two decades of courtroom experience with domestic violence
• Early, pre-filing intervention to stop charges before they start
• A firm that knows how to investigate, challenge, and negotiate on your behalf
• Customized defense strategies including self-defense, mutual combat, lack of intent, and false accusation