
Understanding Domestic Violence Charges
What is DV in California?
Domestic violence in California can include physical, emotional, or verbal abuse against a spouse, cohabitant, or partner. It can also involve threats or intimidation. Any charge where the victim falls under the definition listed in California Penal Code 13700(b) could be prosecuted as a DV charge and carry the increased penalties associated with a DV conviction. The consequences can be severe, including jail time, restraining orders, forced attendance in batterer’s classes, community service or community labor (A.K.A the Sheriff’s work programs) and lasting damage to your reputation.
Some of the most common domestic violence crimes are:
Penal Code 243(e)(1) “domestic battery” (a misdemeanor) or
Penal Code 273.5, “inflicting corporal injury on an intimate partner” (a ‘wobbler’ that can be a felony or a misdemeanor) or
Penal Code Section 273a “child abuse and/or child endangerment” (a ‘wobbler’) and
Penal Code Section 273.6(a) “violation of a DV restraining order” (a misdemeanor).
Potential Penalties:
Depending on the circumstances, a conviction could result in jail, domestic violence classes, fines or restitution, restraining/protective orders, loss of custody, permanent gun rights deprivation, and deportation. Also, the probation duration for Domestic Violence cases is longer than a typical assault, for example, and that means a longer wait before your record can be expunged.
Challenging the Evidence
Domestic violence cases often hinge solely on witness or ‘victim’ testimony and circumstantial evidence. We can thoroughly investigate the facts, challenge the credibility of the evidence, and present alternative explanations to weaken the prosecution’s case. We explore every possible defense, from self-defense to wrongful accusations and lack of intent. We also work with alleged victims who do not want to press charges or prosecute, and who have no intention of testifying in court.
Patrick L. Gomez
Partner
Patrick L. Gomez is a former prosecutor with experience in Kern and Riverside Counties. He has prosecuted a wide range of misdemeanor and felony domestic violence cases, gaining valuable insights into prosecution strategies. Known for his fierce advocacy and strong litigation skills, Mr. Gomez is unafraid to challenge the prosecution and take cases to trial.
Willie L. Radford
Partner
Willie L. Radford is a seasoned advocate with extensive criminal law experience as a felony prosecutor. As a defense attorney, he has extensive experience handling domestic battery, spousal abuse, domestic abuse or domestic assault charges. His background provides a unique perspective to exploit case weaknesses for favorable outcomes.
David C. Rome
Partner
David C. Rome excels in criminal and domestic violence defense. Mr. Rome has extensive experience in federal administrative appeals and served as a high-level Deputy District Attorney with a 100% jury trial success rate while in office. Known for his meticulous work and persuasive arguments, he achieves exceptional results in serious DV cases.