Los Angeles Domestic Violence Lawyer — Former Prosecutors Defending You

In Los Angeles County, a domestic violence arrest can happen based on a single phone call — no visible injuries required, no independent witnesses needed. Under California law, prosecutors can file charges even if the alleged victim recants or refuses to cooperate, and a conviction under Cal. Penal Code § 273.5 carries up to four years in state prison. As a former Deputy District Attorney who prosecuted these exact cases, Kareem Aref now defends clients at Chudnovsky Law by using his inside knowledge of how the prosecution builds its strategy. With more than 113 years of combined experience and over 9,000 cases handled across Los Angeles, Orange County, Long Beach, and Santa Monica, our team includes attorneys who have sat on both sides of the courtroom.

A domestic violence charge threatens your freedom, your family, and your career. Chudnovsky Law's team of experienced defense attorneys has handled thousands of criminal cases across Los Angeles County and Orange County. Call (213) 212-5002 for a free, confidential case evaluation — we'll explain your options and our fee structure during your first call.

On This Page:

• Real consequences of a DV charge
• How former prosecutors build your defense
• Common DV charges in California
• Misdemeanor vs. felony DV penalties
• Restraining order defense
• False accusations and defense strategies
• Los Angeles courthouse guide
• What to expect from our team
• Frequently asked questions

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What Are the Real Consequences of a Domestic Violence Conviction in Los Angeles?

A domestic violence conviction in California doesn't just mean jail time. It triggers a cascade of collateral damage that most people never see coming until it's too late.

Start with the criminal penalties. A misdemeanor domestic battery conviction under Cal. Penal Code § 243(e)(1) carries up to one year in county jail, fines up to $2,000, and a mandatory 52-week batterer's intervention program. Felony corporal injury under PC 273.5 jumps to two, three, or four years in state prison plus fines up to $6,000. But the courtroom sentence is often the least of it.

Under federal law — the Lautenberg Amendment — any domestic violence conviction permanently prohibits you from owning or possessing a firearm. That's not a California rule. It's federal. And there's no exception for law enforcement officers, military personnel, or security professionals. If your job requires carrying a weapon, a conviction ends your career.

Here's what else happens:

• Immigration consequences. Domestic violence is classified as a deportable offense and a crime involving moral turpitude. Even lawful permanent residents face removal proceedings.
• Child custody impact. California family courts create a rebuttable presumption against custody for a parent convicted of domestic violence. You start the custody fight in a deep hole.
• Professional licensing. Nurses, teachers, real estate agents, contractors — any profession requiring a state license can be jeopardized. Licensing boards routinely deny renewals after DV convictions.
• Protective orders. A criminal protective order can remove you from your own home, block contact with your children, and appear on background checks for years.
• Employment. Domestic violence convictions show up on standard background checks. Many employers have zero-tolerance policies.

The 72 hours after an arrest matter enormously. Witness statements are fresh, evidence can still be preserved or challenged, and the prosecution is assembling its case file. Waiting gives the other side a head start you can't recover from.

If you're facing DV charges in Los Angeles, a free case evaluation can help you understand exactly what you're up against. Call (213) 212-5002 — the conversation is confidential and carries no obligation.

How Do Former Prosecutors Defend Domestic Violence Cases Differently?

Most defense attorneys learn the system from the outside. Kareem Aref learned it from the inside — as a former Deputy District Attorney who handled criminal prosecutions before switching to defense work. That difference shapes every decision in a DV case.

No-drop prosecution is a policy followed by the Los Angeles City Attorney's Office and the LA County District Attorney's Office that requires prosecutors to pursue domestic violence charges even when the alleged victim asks to drop the case. Understanding this policy is critical because it means recantation alone won't make your case go away.

The Chudnovsky 4-Phase Defense Protocol

Our approach to domestic violence defense is built on what we know about how the prosecution operates:

Phase 1 — Immediate Threat Assessment (First 48 Hours)

Within hours of obtaining the evidentiary discovery, we identify the most dangerous elements of the prosecution's case. What did the police report say? Were body camera recordings made? Did our client make statements? Were 911 calls recorded? Kareem Aref reviews these materials with the eye of someone who used to build cases on exactly this type of evidence. We know what prosecutors look for because we've looked for it ourselves.

Phase 2 — Evidence Disruption

Every prosecution case has weak points. Inconsistent witness statements, gaps in the physical evidence, procedural errors during the arrest or investigation. We file targeted pre-trial motions — motions to suppress illegally obtained statements, motions to exclude improperly collected evidence, motions challenging the sufficiency of probable cause. These motions don't just strengthen our position at trial. They create pressure that can shift the entire trajectory of a case.

Phase 3 — Narrative Construction

Domestic violence cases are often driven by emotion rather than evidence. A strong defense requires building a coherent counter-narrative: Was there mutual combat? Was this a false allegation motivated by a custody dispute? Does the physical evidence actually match the accuser's story? We work with forensic experts, medical professionals, and private investigators to construct a factual account that challenges the prosecution's version.

Phase 4 — Resolution Strategy

Some cases are best resolved through negotiation. Others demand trial. The difference between a good outcome and a devastating one often comes down to knowing which path fits the facts. With over 9,000 cases handled across our team, we bring both the preparation to fight at trial and the credibility to negotiate from strength.

What Domestic Violence Charges Can You Face in Los Angeles?

California's domestic violence statutes cover a broader range of conduct than most people realize. You don't have to cause serious injury — or any visible injury at all — to face criminal charges.

Corporal injury to a spouse or cohabitant is defined under PC 273.5 as willfully inflicting physical injury resulting in a traumatic condition on a current or former spouse, cohabitant, or co-parent. A "traumatic condition" can be as minor as redness or swelling. This charge is a wobbler, meaning prosecutors can file it as either a misdemeanor or felony.

Here are the primary DV-related charges filed in Los Angeles County:

Domestic Battery — PC 243(e)(1) This is the most commonly filed domestic violence charge. It requires only that you willfully touched someone in a harmful or offensive manner. No injury is required. It's always charged as a misdemeanor, carrying up to one year in county jail and a $2,000 fine.

Corporal Injury to Spouse — PC 273.5 This wobbler requires actual physical injury, however minor. As a felony, it carries two to four years in state prison. As a misdemeanor, up to one year in county jail.

Criminal Threats — PC 422 Threatening to commit a crime that would result in death or great bodily injury — when the threat is specific enough to be taken seriously — is a wobbler carrying up to three years in state prison as a felony.

Child Endangerment — Cal. Penal Code § 273a If children were present during an alleged DV incident, prosecutors frequently add child endangerment charges. As a felony, this carries two, four, or six years in state prison.

Child Abuse — Cal. Penal Code § 273d Inflicting cruel or inhuman corporal punishment on a child is a wobbler carrying up to six years in state prison.

Elder Abuse — Cal. Penal Code § 368 When the alleged victim is 65 or older, enhanced penalties apply. Felony elder abuse can result in up to four years in state prison.

Stalking — Cal. Penal Code § 646.9 Repeatedly following, harassing, or threatening someone to the point they fear for their safety is a wobbler carrying up to five years in state prison when combined with a restraining order violation.

Violation of a Protective Order — Cal. Penal Code § 273.6 Violating a restraining order is typically a misdemeanor, but repeat violations or violations involving violence can be charged as felonies.

What Is the Difference Between Misdemeanor and Felony Domestic Violence in California?

This distinction controls nearly everything about your case — from where it's heard to how much prison time you face.

Factor	Misdemeanor DV (PC 243(e)(1))	Felony DV (PC 273.5)
Maximum Jail/Prison Time	Up to 1 year in county jail	2, 3, or 4 years in state prison
Maximum Fine	$2,000	$6,000
Batterer's Program	52-week mandatory program	52-week mandatory program
Firearm Ban	10-year California ban + lifetime federal ban	Lifetime California and federal ban
Strike Offense	No	May qualify as a strike under certain circumstances
Probation	Up to 3 years	Up to 5 years (formal/supervised)
Immigration Impact	Deportable offense	Deportable offense + aggravated felony risk
Protective Order	Up to 10 years	Up to 10 years

Wobbler offenses are California crimes that the prosecutor has discretion to file as either a misdemeanor or a felony. PC 273.5, PC 422, and several other DV-related statutes are wobblers. The filing decision often depends on the severity of the alleged injury, the defendant's criminal history, and the specific facts of the case.

Key insight: The prosecution's initial filing decision isn't always final. An experienced defense attorney can petition the court to reduce a felony wobbler to a misdemeanor — sometimes before trial, sometimes after conviction. This reduction can dramatically change the long-term impact on your record, your rights, and your future.

Many DV cases that start as felony filings are resolved as misdemeanors or dismissed entirely when the defense can demonstrate weaknesses in the prosecution's evidence. The earlier your attorney gets involved, the more room there is to influence the charging decision.

Not sure what you're facing? A free, confidential case review takes about 15 minutes and gives you a clear picture. Call (213) 212-5002.

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How Do You Defend Against a Restraining Order in Los Angeles?

A domestic violence restraining order (DVRO) can be issued by a California court within 24 hours of a request — before you've had any opportunity to tell your side of the story. These emergency orders, called ex parte orders, are temporary but can last up to 25 days until a full hearing is scheduled.

Ex parte means "from one side only." In the context of restraining orders, it refers to an order the judge issues based solely on the petitioner's sworn declaration, without notice to or input from the person being restrained.

At the hearing for a permanent restraining order, both sides present evidence and testimony. The standard of proof is "preponderance of the evidence" — meaning the petitioner must show it's more likely than not that abuse occurred. But here's what most people miss: the definition of "abuse" under California Family Code includes not just physical violence but threats, harassment, stalking, destroying personal property, and disturbing someone's peace.

That last category — "disturbing the peace" — is remarkably broad. Courts have interpreted it to include repeated angry text messages, showing up at someone's workplace, and even excessive phone calls.

Defense strategies for restraining order hearings include:

• Demonstrating inconsistencies between the petitioner's sworn declaration and their actual behavior (continued voluntary contact, friendly text messages, social media interactions)
• Presenting evidence of false or exaggerated claims — particularly common in contested custody situations
• Challenging the timeline of alleged events
• Providing witness testimony that contradicts the petitioner's version
• Showing that the petitioner's behavior doesn't reflect genuine fear

A restraining order isn't just a piece of paper. It shows up on California's Domestic Violence Restraining Order System (DVROS), which law enforcement officers access during routine traffic stops and background checks. It can affect your ability to see your children, stay in your home, and maintain professional licenses.

Our team has defended hundreds of restraining order matters in Los Angeles County Superior Court, including the Stanley Mosk Courthouse downtown, the Van Nuys Courthouse in the San Fernando Valley, and the Torrance Courthouse serving the South Bay. Each courthouse has its own procedures and judicial tendencies — knowing those differences matters when preparing your case.

Can You Be Charged With Domestic Violence Based on False Accusations?

Yes. And it happens more often than the public realizes.

According to data from the Bureau of Justice Statistics, domestic violence is one of the most commonly reported crimes in the United States, but research consistently shows that false allegations represent a measurable percentage of DV reports — particularly in cases involving contested divorce or custody disputes.

Here's why false allegations are so common in DV cases:

Custody use. A restraining order gives the petitioner immediate, temporary custody of shared children. In a contentious divorce, this creates a powerful incentive to file.

Mandatory arrest policies. When police respond to a DV call in Los Angeles, California's mandatory arrest guidelines require officers to identify a "primary aggressor" and make an arrest. Officers often have minutes to make this determination based on limited, conflicting information. The person who called 911 first frequently controls the narrative.

No-drop prosecution. Once an arrest is made and charges are filed, the alleged victim cannot simply "drop charges." The decision rests entirely with the prosecutor's office. Even if the accuser recants, the case may proceed.

Common defense strategies for false DV allegations:

• Communication evidence. Text messages, emails, voicemails, and social media posts that contradict the accuser's timeline or description of events
• Witness testimony. Neighbors, friends, family members, or coworkers who can testify about the relationship dynamic and the accuser's statements
• Physical evidence analysis. Medical records (or the absence of medical records) that don't support the claimed injuries
• Motive evidence. Documentation of custody disputes, divorce proceedings, financial disagreements, or other factors that create incentive for fabrication
• Expert testimony. Forensic psychologists who can evaluate the credibility and consistency of the accuser's statements
• Body camera and 911 recordings. These often reveal details that contradict the written police report

Robert K. Weinberg, Of Counsel at Chudnovsky Law, brings more than 30 years of practice experience to the firm. His background prosecuting cases gives our team a second perspective on how the government evaluates evidence — and where its case falls apart.

If you believe you're facing false allegations, time is critical. Evidence that supports your defense — phone records, security camera footage, witness recollections — degrades quickly. Call (213) 212-5002 for a free consultation. We'll review your situation honestly and explain what defense options apply.

What Happens at Each Stage of a Los Angeles DV Case?

Understanding the process removes some of the uncertainty. Here's what a domestic violence case looks like from arrest through resolution in Los Angeles County:

Stage	Typical Timeline	What Happens	What You Should Do
Arrest and Booking	Day 1	Taken to LAPD station or LA County jail (Twin Towers, Century Regional); bail set per LA County schedule — typically $20,000–$50,000 for DV offenses	Exercise your right to remain silent; call an attorney immediately
Arraignment	Within 48 hours (if in custody)	Charges formally read; plea entered (not guilty); bail reviewed; emergency protective order may be issued	Have your attorney present; do not accept plea deals at arraignment
Pre-Trial Conference	2–6 weeks after arraignment	Prosecution and defense exchange evidence (discovery); motions filed; plea negotiations begin	Review all evidence with your attorney; identify weaknesses in prosecution's case
Motions Hearing	4–10 weeks after arraignment	Court rules on defense motions to suppress evidence, exclude statements, or dismiss charges	Provide your attorney with all relevant information about the arrest and investigation
Preliminary Hearing (Felony Only)	Within 10 court days of arraignment (unless waived)	Judge determines if sufficient evidence exists to hold defendant for trial; key witnesses may testify	This is a critical opportunity — prosecution must reveal its evidence and witnesses
Trial	3–9 months after arraignment	Jury trial (or bench trial if waived); prosecution must prove guilt beyond a reasonable doubt	Trust your defense team's preparation; your attorney handles examination of witnesses
Sentencing (If Convicted)	2–6 weeks after conviction	Judge imposes sentence considering aggravating/mitigating factors; probation officer prepares report	Your attorney presents mitigating evidence and argues for the most favorable sentence

Arraignment is your first formal court appearance after arrest, where the judge reads the charges against you, advises you of your constitutional rights, and asks you to enter a plea. In Los Angeles County, misdemeanor DV arraignments are typically heard in the courthouse nearest the location of the alleged offense.

Most people don't know this: the preliminary hearing in a felony DV case is one of the most strategically important events in the entire case. It's the first time the prosecution must present live witness testimony under oath — and the first opportunity for your attorney to cross-examine the accuser. What happens at the preliminary hearing often determines whether the case goes to trial, gets reduced, or gets dismissed.

Where Will Your DV Case Be Heard in Los Angeles County?

Los Angeles County operates one of the largest court systems in the world, with over 40 courthouses handling criminal matters. Your case will be assigned based on where the alleged incident occurred.

Clara Shortridge Foltz Criminal Justice Center (Downtown LA) Located at 210 West Temple Street, this is the primary felony courthouse for incidents in central Los Angeles. Felony DV cases originating in LAPD's Central, Rampart, Hollywood, and Wilshire divisions are typically arraigned and tried here.

Van Nuys Courthouse — West Serving the San Fernando Valley, this courthouse handles a high volume of DV cases from communities including Van Nuys, Sherman Oaks, Encino, Tarzana, and Reseda. Valley cases often involve LAPD's Valley divisions.

LAX Courthouse (Del Rey) Cases from the Westside, including Santa Monica adjacent areas, Playa del Rey, and LAX communities, are often heard here. Our Santa Monica office gives us direct familiarity with the attorneys and procedures at this location.

Torrance Courthouse The South Bay courthouse handles DV matters from Torrance, Redondo Beach, Hermosa Beach, Palos Verdes, and surrounding communities. Cases originating from South Bay LAPD divisions and local police departments are heard here.

Long Beach Courthouse Serving Long Beach, Lakewood, Signal Hill, and surrounding areas. Our Long Beach office at this location means we're in this courthouse regularly and know the local procedures intimately.

Compton Courthouse Handles cases from Compton, Lynwood, Paramount, and South Los Angeles communities along the I-105 and I-710 corridors.

Key insight: Each courthouse has different judges with different tendencies regarding bail, protective orders, plea offers, and sentencing. A judge at the Airport Courthouse may approach a first-offense DV case very differently than a judge in Pomona. Knowing these tendencies — from years of appearing in these courtrooms — allows us to tailor your defense strategy to the specific judge assigned to your case.

Our offices in Los Angeles, Newport Beach, Santa Monica, and Long Beach mean we're not driving from a distant suburb to appear in your local court. We're already there.

What Defense Strategies Work in Los Angeles DV Cases?

Every domestic violence case rests on specific facts, and the right defense depends on what actually happened — and what the prosecution can prove. Here are the defense strategies we evaluate in every case:

Self-Defense California law permits the use of reasonable force to defend yourself against imminent harm. If you were the one being attacked and responded proportionally, self-defense is a complete defense to DV charges. The prosecution must disprove self-defense beyond a reasonable doubt.

Mutual Combat When both parties were engaged in a physical altercation, the question becomes who was the primary aggressor. Police officers making split-second decisions at the scene don't always get this right. Body camera footage, 911 recordings, and witness statements frequently reveal a more complicated picture than what appears in the police report.

Lack of Intent DV charges require that the act was "willful." Accidental contact — bumping into someone during an argument, grabbing someone's arm to prevent them from falling — doesn't meet this standard. If the prosecution can't prove you intended to make harmful or offensive contact, the charge fails.

Insufficient Evidence The prosecution must prove its case beyond a reasonable doubt. When the only evidence is one person's word against another's — with no physical evidence, no independent witnesses, and no corroborating documentation — the case is vulnerable to challenge.

False Allegations As discussed above, DV accusations made during custody battles, divorce proceedings, or emotional conflicts are a real and recognized phenomenon. We investigate the accuser's motive, credibility, and consistency.

Constitutional Violations Did police enter your home without a warrant or consent? Were you questioned without Miranda warnings after being detained? Was your property searched without authorization? Evidence obtained through constitutional violations can be suppressed — and suppressing key evidence can collapse the prosecution's case entirely.

The Prosecution's Burden Is High "Beyond a reasonable doubt" is the highest standard of proof in the American legal system. The prosecution doesn't just need to show that something probably happened. It needs to prove its case to a moral certainty. Every inconsistency, every gap in the evidence, every questionable police procedure creates reasonable doubt.

What Should You Expect From Our Team?

We believe you deserve to know exactly what working with Chudnovsky Law looks like before you make a decision.

Commitment 1: Free Consultation to get all your questions answered. There is no cost to review your scenario, learn about the process, evaluate your charges, explain California DV law as it applies to your specific situation, and get answers to your questions. Call (213) 212-5002 — we respond promptly, including evenings and weekends.

Commitment 2: You'll know the cost upfront. Many domestic violence defense matters are handled on a flat fee, so you know the total cost before you retain us. We discuss fee arrangements during your initial consultation — openly and in writing. Payment plans are available to make representation accessible. No surprises, no hidden charges.

Commitment 3: Your case will be handled by attorneys with prosecution experience. Our team includes attorneys who served as Deputy District Attorneys and DOJ Deputy Attorneys General. This isn't theoretical knowledge. When we tell you how the prosecution will approach your case, we're speaking from direct personal experience on the other side. That perspective informs every motion we file, every cross-examination we conduct, and every negotiation we enter.

Chudnovsky Law holds a 10.0 Superb rating on AVVO, a perfect 10.0 rating on Justia, 5-star peer reviews on Martindale-Hubbell, and has been rated among the best criminal defense lawyers in Los Angeles and Orange County by Expertise. Our multilingual team serves clients in English, Spanish, French, Italian, Amharic, Hebrew, and Portuguese — because everyone facing criminal charges deserves to understand their defense in their own language.

What Trends Should Los Angeles DV Defendants Know About in 2026?

The legal environment around domestic violence in California continues to shift. Here's what's relevant right now:

Increased use of electronic evidence. Prosecutors now routinely subpoena text messages, social media posts, Ring doorbell footage, and smart home device data. In our experience, electronic evidence cuts both ways — it can support the prosecution's case, but it just as frequently contains information that contradicts the accuser's version of events. Preserving your electronic evidence early is critical.

Coercive control legislation. California has been expanding the legal definition of domestic violence beyond physical acts. Assembly bills in recent legislative sessions have sought to include patterns of coercive and controlling behavior — financial abuse, isolation from family and friends, monitoring movements — as actionable domestic violence. This trend is broadening the scope of what can trigger both protective orders and criminal charges.

Prosecution of strangulation as a standalone offense. Law enforcement agencies across Los Angeles County have increased training on identifying signs of strangulation, and prosecutors are increasingly filing these as separate felony charges even when the visible injury is minimal.

Trauma-informed prosecution. The LA County DA's office trains prosecutors in trauma-informed interviewing, which means they're prepared for inconsistencies in the accuser's statements and will argue those inconsistencies are evidence of trauma rather than fabrication. A defense attorney who doesn't understand this approach will be caught off guard at trial.

What this means for your case: The prosecution's tools are getting more sophisticated. Defending a DV case in 2025 requires attorneys who understand not just the law but the evolving tactics the government uses. Our team's background on both sides of the courtroom makes this adaptation second nature.

Domestic Violence Defense Checklist for Los Angeles Defendants

If you've been arrested or charged, this checklist covers the immediate steps that protect your rights:

• Do not contact the alleged victim. Even if they reach out to you first. Any contact — including through third parties — can violate your protective order and result in additional criminal charges under PC 273.6.
• Do not post about your case on social media. Prosecutors monitor defendants' social media accounts. Delete nothing (that can be considered destruction of evidence), but post nothing.
• Preserve all electronic communications. Save text messages, emails, voicemails, photos, and social media messages that may be relevant. Screenshot them and store them in a secure location.
• Write down everything you remember. Details fade fast. Write a detailed account of what happened — the timeline, who was present, what was said, what physical contact occurred — and give it to your attorney, not to anyone else. Communications with your attorney are privileged.
• Gather character references. Identify friends, family members, employers, and community members who can speak to your character and your relationship history.
• Contact an attorney before your arraignment. Having counsel at your first court appearance can influence bail conditions, protective order terms, and the early trajectory of your case.

Suggested visual: A downloadable PDF version of this checklist formatted for defendants to print and reference after arrest.

The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique — past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.

You have a limited window to build the strongest possible defense. Evidence fades, witnesses forget, and the prosecution is already building its case. Chudnovsky Law's team of former prosecutors and veteran defense attorneys is ready to put more than a century of combined courtroom experience to work for you — right here in Los Angeles County. Call (213) 212-5002 now for a free, confidential consultation. We'll discuss your charges, your options, and our fee structure on that first call. No obligation. No commitment. Just honest answers.

Frequently Asked Questions

How much does a domestic violence lawyer cost in Los Angeles?

Many Los Angeles DV defense attorneys, including Chudnovsky Law, handle domestic violence cases on a flat-fee basis so you know the total cost before retaining counsel. Fees vary depending on whether the charge is a misdemeanor or felony and the complexity of the case. We discuss all fee arrangements during your free initial consultation and offer payment plans to make representation accessible.

Can domestic violence charges be dropped if the alleged victim doesn't want to press charges?

In Los Angeles, the decision to prosecute rests entirely with the District Attorney's or City Attorney's office — not the alleged victim. Under no-drop prosecution policies, the government can and frequently does pursue DV cases even when the accuser recants or refuses to cooperate. However, a reluctant or recanting witness weakens the prosecution's case, which an experienced defense attorney can use strategically.

What is the difference between a criminal protective order and a domestic violence restraining order?

A criminal protective order (CPO) is issued by a criminal court judge as part of a pending DV case and remains in effect throughout the criminal proceedings. A domestic violence restraining order (DVRO) is a civil order requested separately under the California Family Code. Both can restrict contact and require you to stay away from the protected person, but they arise from different legal proceedings and have different procedures for modification or termination.

Will I go to jail for a first-offense domestic violence charge in Los Angeles?

Jail time is possible but not guaranteed for a first offense. A misdemeanor domestic battery conviction under PC 243(e)(1) carries up to one year in county jail, but first-time offenders frequently receive probation, a 52-week batterer's intervention program, fines, and community service instead of jail time. A felony charge under PC 273.5 carries more serious potential sentences. The specific outcome depends on the alleged facts, the strength of the evidence, and the quality of your defense.

How long does a domestic violence case take in Los Angeles?

Misdemeanor DV cases in Los Angeles County typically resolve within two to six months from arraignment, depending on the complexity of the evidence and whether the case goes to trial. Felony cases take longer — often six to twelve months or more — because they involve a preliminary hearing and more extensive pre-trial proceedings. Cases that proceed to jury trial add additional time.

Can a domestic violence conviction be expunged in California?

California allows expungement (dismissal under Penal Code § 1203.4) of most DV convictions after you successfully complete probation. Expungement withdraws your guilty plea and dismisses the case, which can help with employment background checks. However, expungement does not restore your firearm rights under the federal Lautenberg Amendment, and the conviction may still be visible to law enforcement and licensing boards.

What should I do if I'm falsely accused of domestic violence?

Do not contact the accuser — even to plead your innocence. Preserve all evidence that supports your defense: text messages, emails, voicemails, photos, security camera footage, and any witnesses who observed the accuser's behavior. Do not discuss the case with anyone except your attorney. Contact a defense lawyer immediately — the earlier we can investigate and preserve evidence, the stronger your defense will be.

Does a domestic violence arrest affect my immigration status?

Yes, significantly. Domestic violence is classified as a deportable offense under federal immigration law and is considered a crime involving moral turpitude. Even a misdemeanor DV conviction can trigger removal proceedings for non-citizens, including lawful permanent residents. If you're not a U.S. citizen, the immigration consequences of a DV charge must be a central part of your defense strategy from day one.

Can I stay in my home if I'm charged with domestic violence?

It depends on the terms of your protective order. Emergency protective orders issued at the time of arrest frequently include a "move-out" order requiring you to leave the shared residence. At your arraignment, the judge will determine whether to continue, modify, or terminate the protective order. Your attorney can argue for terms that allow you to remain in the home or at least retrieve personal belongings.

What happens if the alleged victim contacts me while a protective order is in place?

The protective order restricts your conduct, not the alleged victim's. Even if the protected person initiates contact — calls you, texts you, invites you over — you can still be arrested and charged with violating the protective order under PC 273.6. Do not respond to any contact from the protected person while the order is in effect. Document the contact and immediately notify your attorney.

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Chudnovsky Law - Los Angeles Office

Address: 1933 S Broadway #1100, Los Angeles, CA 90007, USA

Contact No: (213) 212-5002