Domestic Violence Lawyer in Redding

What Happens After a Domestic Violence Arrest in Redding?

Two things start almost at once. The Shasta County District Attorney decides whether to file charges and which ones, and once a domestic violence charge is filed, Penal Code section 136.2(e)(1) requires the criminal court to consider a protective order on its own motion. Both decisions shape everything after them.

An arrest is not yet a charge. The report goes to the prosecutor, and that short window is one of the few points where a defense can act before the case takes shape. See what happens after an arrest and what happens at arraignment.

Do not contact the other person. A criminal protective order restrains the defendant, not the protected person, so answering their call can still be a violation. Asking them to change their account is worse: attempting to dissuade a victim or witness from testifying is its own crime under Penal Code section 136.1. And do not delete anything. Preserve messages, call logs, and photographs instead.

Domestic Violence Charges Under California Law

Domestic violence is not a single crime in California. It is a group of offenses defined partly by the relationship between the people involved, and the exact section charged decides the penalty range, whether the case can be a felony, and what follows a conviction. These are the four core sections.

Sections 273.5 and 422 can be filed either way. How Penal Code section 17(b) reductions work is covered under assault and violent crimes.

Can the Alleged Victim Drop Domestic Violence Charges?

No. The person who called the police does not own the case and cannot drop it. Under Government Code section 26500, the district attorney is the public prosecutor and decides, within that office’s discretion, whether to bring and continue a prosecution. A request to dismiss is something the prosecutor weighs, not an instruction the prosecutor must follow.

The case is filed in the name of the People of the State of California, and the alleged victim is a witness, not a party. That does not make their position irrelevant. Code of Civil Procedure section 1219(b) bars a court from jailing a domestic violence victim for contempt for refusing to testify about the crime. A case that rests on one person’s testimony looks different when that person will not give it, which is why prosecutors build these cases around 911 recordings, body camera footage, photographs, and statements taken at the scene.

Criminal Protective Order or Civil DVRO: What Is the Difference?

A criminal protective order is issued by the judge in the criminal case under Penal Code section 136.2. A domestic violence restraining order is a civil order under the Domestic Violence Prevention Act, Family Code section 6200 and following. They come from different courts, rest on different standards, and can both be in force at the same time.

Both prohibit firearms while in effect and require relinquishment: Penal Code section 136.2(d) for the criminal order, Family Code section 6389 for the civil one. When both exist, section 136.2(c) gives a no-contact order precedence in enforcement, subject to an exception for certain emergency protective orders. Violating a restraining order is a misdemeanor under Penal Code section 273.6, and violating a criminal protective order can be punished as contempt under section 136.2(b).

How a Domestic Violence Case Interacts With a DVRO Hearing

The two cases run on separate tracks. The criminal case has to be proved beyond a reasonable doubt. The restraining order hearing is civil, uses a lower standard, and can be decided while the criminal case is still at an early stage. What happens at the civil hearing can follow you into the criminal one.

Testimony given under oath at a restraining order hearing can be read back later in the criminal case, where the stakes are higher. Whether to testify, and what to present, are decisions to make with both files open.

Under Family Code section 3044, a finding that a parent committed domestic violence against the other parent or the child within the previous five years creates a rebuttable presumption against awarding that parent sole or joint custody. A conviction in that period for a domestic violence crime against the other parent, including under Penal Code section 243(e), 273.5, or 422, satisfies the finding, so a plea can decide part of a custody case.

Served as well as charged? Read responding to a domestic violence restraining order, have you been served with a restraining order, and digital evidence in restraining order cases, or start with restraining orders.

What Is the 52-Week Batterer’s Program?

It is the batterer’s program Penal Code section 1203.097 requires whenever probation is granted for a crime against a person covered by Family Code section 6211. The statute calls for a program of not less than one year, with consecutive weekly sessions of at least two hours each, which is why it is called the 52-week program.

Section 1203.097 also requires at least 36 months of probation, a criminal protective order, and a minimum $500 fee the court can reduce or waive for inability to pay. No more than three sessions can be excused, and the program must be finished within 18 months unless the court finds good cause to modify that.

These terms attach because of who the alleged victim is, not how serious the facts were. A plea that looks mild on paper can still carry three years of probation and a year of weekly classes. Know that before entering it.

Firearm and Immigration Consequences

A domestic violence conviction can end firearm rights for years or for good, and for anyone who is not a citizen it can carry immigration consequences more severe than the sentence. Both depend on the exact section of conviction and whether it ends as a felony or a misdemeanor, so they must be understood before any plea.

Under Penal Code section 29805, a misdemeanor conviction under sections 242, 243, 273.6, or 422, among others, prohibits owning or possessing a firearm for 10 years. A misdemeanor conviction under section 273.5 on or after January 1, 2019 carries a prohibition with no end date. Any felony conviction brings a prohibition under section 29800. Federal law separately bars firearm and ammunition possession by anyone convicted of a misdemeanor crime of domestic violence, under 18 U.S.C. section 922(g)(9).

Penal Code section 1016.5 requires the court to warn a defendant before a guilty or no contest plea that a conviction may have immigration consequences, and section 1016.3 requires defense counsel to give accurate and affirmative advice about them. They turn on federal law and the precise record of conviction.

How a Domestic Violence Lawyer in Redding Builds the Defense

A domestic violence defense is built from the record, not from the defendant’s explanation. That means obtaining the 911 audio, body camera footage, photographs, and medical records, testing each against the report, and asking what the investigation never looked at. Whether the injuries match the account is often a medical question.

One example from our case results: a client charged with domestic violence and resisting arrest went to jury trial. On cross-examination, the prosecution’s witness on strangulation gave testimony supporting the defense theory that the alleged victim should have shown symptoms if a strangulation had occurred. Jacob Levin also drafted and argued a Fourth Amendment jury instruction on the legality of the officers’ conduct. The jury returned not guilty verdicts on all counts.

Every case depends on its own facts and circumstances. A result in one case does not predict the outcome of another.

Self-defense applies here as in any battery case; see assault and violent crimes. And the first question we ask is the one in the most dangerous words in criminal defense: what is everyone assuming?