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← CRIMINAL DEFENSE
GUIDE · DOMESTIC VIOLENCE & CHILD ABUSE

Allegations that move
faster than the case.

A protective order can remove you from your home the same night. A CPS referral can open a second case you did not know about. Both start before anyone asks for your side.

Domestic violence charges

The accuser cannot drop the case.

Only the prosecutor decides whether charges proceed. Cases go forward over an alleged victim's objection every day — a recantation changes strategy, not jurisdiction.

A protective order issues before you are heard.

An emergency protective order obtained by law enforcement can bar you from your own residence within hours, before any hearing. A criminal protective order then typically issues at arraignment and governs contact for the life of the case.

The collateral consequences outlast the sentence.

A conviction carries a mandatory 52-week batterer's intervention program, a firearms prohibition, and — under Family Code § 3044 — a presumption against custody in any family law case. Immigration and professional licensing consequences are frequently worse than the criminal penalty.

Two courts, one set of facts.

A criminal case and a family law restraining order often run in parallel on the same incident. Testimony in one is evidence in the other, which is why they need to be defended together.

Child abuse and endangerment allegations

Two tracks at once.

A criminal investigation and a CPS dependency case frequently open on the same report. Statements to a social worker are not confidential and routinely reach the District Attorney.

Custody disputes generate allegations.

Some are genuine. Some are mistaken. Some are strategic. Courts know this — which is why the response has to be documented and calm rather than indignant.

Say nothing to either investigator without counsel.

A coordinated defense across both tracks protects your record and your parental rights. Handling them separately usually damages both.

THE AUTHORITY

The statutes that drive charging, protective orders, and the consequences that follow.

Pen. Code § 273.5
Corporal injury to a spouse, cohabitant, or the parent of one's child — a wobbler, chargeable as a felony or misdemeanor.
Pen. Code § 243(e)(1)
Domestic battery — no visible injury required.
Pen. Code § 273a
Child endangerment: willfully causing or permitting a child to suffer, or be placed in a situation endangering health — often charged where no injury occurred.
Pen. Code § 273d
Corporal punishment or injury to a child resulting in a traumatic condition.
Pen. Code § 136.2
Criminal protective orders — issued at arraignment and enforceable for the duration of the case.
Pen. Code § 1203.097
Mandatory terms on a domestic violence probation grant: 36 months minimum probation, a 52-week batterer's intervention program, and a protective order.
Pen. Code § 29805
Firearms prohibition following specified domestic violence convictions.
Fam. Code § 3044
A domestic violence finding within five years creates a rebuttable presumption against custody to the perpetrator.
Crawford v. Washington (2004) 541 U.S. 36
Testimonial hearsay is inadmissible unless the witness is unavailable and the defense had a prior opportunity to cross-examine — central where an accuser does not testify.

Authorities current as of 2025. Law changes; nothing here is a substitute for advice on your own facts.

TIME MATTERS IN A CRIMINAL CASE

Get answers about your situation.

This page is general information — a consultation is where it becomes advice. We'll review the specific facts of your case and build a step-by-step strategy toward your goal. You'll leave understanding your case and your options — whether or not you hire the firm.

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