What to do after an arrest or accusation
Obey the protective order
At the arrest or the first hearing, the court often issues a criminal protective order that may bar contact or require you to stay away from home. Violating it is a separate crime, even if the other person contacts you first.
Do not contact the other person
No calls, texts, or messages through friends or family, and do not ask them to drop the case. That can be treated as a protective order violation or witness interference.
Do not explain things to the police
You can say, "I am going to remain silent. I want a lawyer." What you say at the scene and on jail calls can be used as evidence.
Preserve evidence. Do not delete anything.
Keep messages, call logs, photos, and records of where you were. Give them to your lawyer, and do not delete or alter them.
Note your court date. You must attend in person.
In domestic violence misdemeanor cases, you must be present at the arraignment, the plea, and sentencing. Your lawyer goes with you. Missing court can lead to a bench warrant.
Surrender firearms as required
While a protective order is in place you cannot possess firearms and must surrender or store them within the time the court sets. Ask your lawyer how.
Common charges and what can happen
This is the general picture. The outcome depends on injuries, evidence, any prior record, and the court, and is not a prediction for your case.
Domestic battery: PC 243(e)(1)
Any willful use of force against a spouse, cohabitant, dating partner, or co-parent can qualify, even without injury. It is a misdemeanor.
Corporal injury: PC 273.5
Causing an injury to one of those people, even a minor one such as redness or swelling, can be charged under this section as a misdemeanor or a felony.
Violating a protective order: PC 273.6
Contacting or approaching the protected person after an order is in place is a new crime and makes the original case harder.
The other person cannot "drop the charges"
The prosecutor decides whether to file and whether to dismiss. Even if the other person no longer wants to proceed, the prosecutor can continue.
Probation and batterer's program
A conviction commonly brings several years of probation and a 52-week batterer's intervention program, and may include fines and community service.
Protective orders and gun restrictions
After a conviction the court can issue a long-term criminal protective order, and a domestic violence conviction carries firearm restrictions.
How we help
Domestic violence cases move quickly. Preparation starts before the first hearing.
- Prepare before the first hearing：We go through the protective order with you so you know exactly what is and is not allowed, and when needed ask the court to modify it, for example so you can collect belongings or see your children.
- Go to court with you：You must attend the arraignment, the plea, and sentencing. Your lawyer is there with you and explains in advance what will happen.
- Review the evidence：We obtain the 911 recording, police report, photos, and witness statements, and check whether the accounts and the injuries line up. If you were falsely accused, we focus on evidence of what actually happened.
- Negotiate with the prosecutor：Based on the evidence, we push for a dismissal, a reduced charge, or a charge with less immigration impact. Whether that is possible depends on the case, and we do not promise results.
- Immigration review：For non-citizens, you can have one of Lingtu's immigration lawyers assess how each possible charge would affect a green card, visa, or citizenship application before any plea.
How a domestic violence case can affect immigration status
Some convictions are a ground of removal
For green card and visa holders, a conviction for certain domestic violence offenses can by itself be a ground of removal. The difference between charges is large, so the plea must be assessed first.
Protective order violations count too
A court finding that you violated the portion of a protective order that protects against violence or harassment can itself be a ground of removal, even without a new domestic violence conviction.
Green cards and naturalization
Some domestic violence offenses are treated as crimes involving moral turpitude, which affects green card and naturalization applications. The N-400 asks about every arrest.
Visa holders
After an arrest, travel, visa renewal, and consular interviews can all be affected. With a pending case, ask a lawyer before you leave the country.
Check the immigration impact before any plea
See immigration consequences of criminal cases for more.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
Pushed His Wife During an Argument. A Green Card Holder Faced a Domestic Violence Charge and Possible Removal. Resolved Through Classes and a Disturbing-the-Peace Plea
Pleaded to disturbing the peace · Domestic violence charge dismissed
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Domestic violence FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
