Arrested for Domestic Violence in San Bernardino County?

You are booked and held until you post bail or see a judge. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting weekends and holidays. At arraignment, the judge reads the charges, takes your plea, rules on bail or release, and usually issues a criminal protective order. The prosecutor can also file charges later if you were released. The sooner we’re involved, the sooner we can start working on your case.

No. The prosecutor decides whether to file and whether to proceed, not the alleged victim. In San Bernardino County, that is the San Bernardino County District Attorney’s Office. Prosecutors often continue a case even when the other person wants it dropped or changes their story. What the alleged victim says still matters, and we know how to use it properly. Never pressure or ask them to change their statement. That can lead to new charges.

PC 243(e)(1), domestic battery, is any willful, harmful or offensive touching of a current or former spouse, cohabitant, fiancé, dating partner or the other parent of your child. No injury is required. It is a misdemeanor.

PC 273.5, corporal injury, requires a physical injury, even a minor one, to a spouse, partner, co-parent or dating partner. It can be filed as a misdemeanor or a felony.

The charge filed affects everything that follows, including the penalties, gun rights and immigration consequences.

Not necessarily. Domestic battery (PC 243(e)(1)) carries up to one year in county jail. PC 273.5 carries up to one year as a misdemeanor, or two, three or four years in state prison as a felony. Many first-time cases are resolved with probation instead of a long jail term. Probation typically includes a 52-week batterer’s program and a protective order. The outcome depends on the facts, the injuries, your record and how the case is handled from the start.

Usually not right away. Police often request an Emergency Protective Order at the scene. It lasts up to 5 court days or 7 calendar days. At arraignment, the judge usually issues a criminal protective order, which can bar contact or limit it to peaceful contact. Violating it is a new crime (PC 273.6), even if the other person invites you back. In some cases we can ask the court to modify the order.

It depends on where you were arrested. Most people arrested in San Bernardino County are booked at the West Valley Detention Center in Rancho Cucamonga, the Central Detention Center in San Bernardino or the High Desert Detention Center in Adelanto. Family members can look you up with the San Bernardino County Sheriff’s inmate locator, or call us and we will help find out where you are held and when your first court date is.

Usually, yes. For a misdemeanor domestic violence charge, California law requires you to be in court in person for the arraignment and for sentencing, and whenever the judge orders you to appear to go over a protective order, even when you have a lawyer (PC 977). For a felony, you must be present at the arraignment, when you enter a plea, at the preliminary hearing, while evidence is taken at trial and at sentencing. Missing a date can lead to a bench warrant, so we keep track of every date at the West Valley, San Bernardino or Victorville courthouse with you.

No. Politely decline to answer questions and ask for a lawyer. Statements you make to police are often the strongest evidence in the case, even when you think they help you. Don’t discuss the case by text, email, social media or jail phone calls. All of it can be recorded and used.

It depends on the evidence. Common defenses include:

• Self-defense or defense of others
• False or exaggerated accusations, often during a breakup, divorce or custody dispute
• An accidental injury, or an injury caused by something other than you
• Insufficient evidence to prove the charge beyond a reasonable doubt

We review the police report, body camera video, 911 calls, photos, medical records and witness statements to find the weaknesses in the case.

A protective order requires you to surrender your firearms while it is in effect. A conviction under PC 273.5 brings a lifetime firearm ban. Other misdemeanor domestic violence convictions bring a 10-year California ban and can trigger a lifetime federal ban. If you own firearms or need them for work, tell us at the start. It affects how we approach your case.

Yes. A domestic violence finding can affect child custody in family court. For non-citizens, many domestic violence convictions carry serious immigration consequences, including deportation. Talk to us before entering any plea. A conviction can also show up on background checks for jobs, housing and professional licenses.

Often, yes. Depending on the evidence, charges may be dismissed, never filed, or reduced to a non-domestic violence offense such as disturbing the peace (PC 415). If you are convicted and complete probation, you may be able to have the conviction dismissed under PC 1203.4. An expungement does not restore firearm rights. The best results usually come from getting a lawyer involved early, before the case is set.

Only the judge in your criminal case can change it, at the West Valley, San Bernardino or Victorville courthouse where the case is pending. We can ask the court to modify the order, for example to allow peaceful contact, and the prosecutor and the protected person can be heard on the request. Until the judge signs a new order, the old one stays in force, even if the protected person agrees to contact.

If you are placed on probation for domestic violence, California requires a 52-week batterer’s intervention program (PC 1203.097). In San Bernardino County, the program must be one approved by the San Bernardino County Probation Department, and participants pay for the classes on a sliding fee scale. Missing classes can be treated as a probation violation, so it helps to choose an approved provider close to home, whether that is in the West Valley, the city of San Bernardino or the High Desert.