Accused of Domestic Violence in California? What Recent Law Changes Mean for Your Defense

California prosecutors may file several different charges after a domestic-violence incident, including:

• Penal Code § 243(e)(1) — domestic battery;
• Penal Code § 273.5 — corporal injury resulting in a traumatic condition to a spouse, cohabitant, or certain other protected person;
• Penal Code § 422 — criminal threats;
• Penal Code § 646.9 — stalking; and
• Penal Code § 273.6 — violation of a protective order.

A domestic violence case can proceed even if the alleged victim does not want to testify or asks prosecutors to dismiss the case. The alleged victim does not control whether charges are filed or pursued. Prosecutors make charging decisions, and courts have authority over dismissals and other rulings under applicable law.

The elements differ by offense. Domestic battery does not require a visible injury; Penal Code § 273.5 requires a traumatic condition, which may involve a minor or serious injury. Neither an accusation nor a protective order is itself proof of guilt beyond a reasonable doubt.

• Domestic violence defense in San Diego
• Criminal threats defense
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AB 2308 increased the maximum duration of post-conviction protective orders under Penal Code § 273.5(j) from 10 years to 15 years. The court determines the duration based on the case. This concerns orders issued after a qualifying conviction, not emergency protective orders issued immediately after a 911 call.

The law also permits the issuing court to modify or terminate such an order for good cause upon a written petition by the prosecutor, defendant, or victim, with at least 15 days’ notice to those parties before the hearing. Do not assume an order has changed until the court actually changes it.

AB 2432 established the California Victims of Crime Act funding framework to support services for crime victims, including domestic-violence survivors, through qualifying monetary penalties involving corporations. It is a funding measure, not a new criminal charge or a change to the prosecution’s burden of proof.

Victim-service programs may offer counseling, shelter, advocacy, and other assistance. The legislation should not be described as itself creating a new statewide 24/7 hotline.

California also reduced procedural and geographic barriers to seeking protection. AB 2024 prevents court clerks from rejecting qualifying emergency, ex parte domestic-violence protective-order requests for filing when the required Judicial Council forms and identifying information are supplied. Acceptance for filing does not mean an order must be granted.

Other measures in the legislative package expanded access to restraining orders and addressed geographic barriers. The correct filing location and procedure still depend on the applicable rules. Access changes do not eliminate the restrained person’s opportunity to respond through the proper court process.

AB 2499 revised California’s victim-leave framework effective January 1, 2025, placing these protections within the Civil Rights Department’s enforcement framework and using a broader definition of a qualifying act of violence.

It protects qualifying time off to obtain protective relief and expands specified leave and accommodation rights. For employers with 25 or more employees, additional protected leave can cover medical care, counseling, safety planning, and other qualifying assistance for an employee who is a victim or whose family member is a victim. Employer size, eligibility, notice, documentation, and leave limits matter.

These workplace protections support victims and qualifying family members; they do not automatically establish criminal guilt or change the elements prosecutors must prove.

An emergency protective order, or EPO, is a short-term order requested by law enforcement and issued by a judicial officer. For domestic violence, the judicial officer must find reasonable grounds to believe there is immediate and present danger and that an order is necessary to prevent violence or its recurrence.

Under Family Code § 6256, an EPO expires at the earlier of:

• The close of judicial business on the fifth court day after the day it was issued; or
• The seventh calendar day after the day it was issued.

This is not a guaranteed five-to-seven-calendar-day period, and the 2025 changes did not create a general 10-day domestic-violence EPO. Read the exact expiration date and time printed on the order.

The protected person may seek a temporary restraining order and, after further court proceedings, longer-term protection. A criminal protective order may also apply separately. The expiration of one order does not terminate another.

An EPO can include stay-away, no-contact, residence-exclusion, temporary custody, and firearm-related terms. A person subject to a qualifying domestic-violence protective order generally may not own, possess, purchase, or receive firearms while it is in effect and must comply with applicable relinquishment requirements. Have counsel review the order and any narrowly applicable exceptions; do not handle or transfer firearms contrary to its terms.

• Firearms and domestic violence allegations

Yes. A protective order can affect where you live, whether you can return home, whether you can contact your children, and whether you may possess firearms. If an order is issued against you:

• Follow it exactly. Even indirect contact through another person can create a new allegation when prohibited by the order.
• Do not rely on the alleged victim’s permission. Only a court can modify or terminate the order.
• Ask your lawyer about a hearing. You may be able to challenge or modify the order through the proper legal process.
• Do not discuss the case by text, social media, or through family members. Speak privately with your lawyer.

Violating an order can create a separate criminal allegation. An EPO violation is not automatically a felony; the applicable statute, prior history, injury allegations, and other facts control the potential charge.

• Restraining order violation defense
• Why a restraining order violation can have serious consequences

Prosecutors evaluate domestic-violence cases using more than the alleged victim’s statement. Evidence may include:

• 911 recordings and body-camera footage;
• Photographs of injuries or property damage;
• Medical records;
• Witness statements;
• Text messages, calls, social-media posts, and location data; and
• Prior police contacts or court orders, subject to evidentiary rules.

A defense lawyer should obtain and review this evidence early. Video, messages, and witness recollections can become harder to preserve or locate over time. Evidence must meet the applicable rules of admissibility; a police report or accusation is not automatically admissible proof of every allegation.

• Understanding discovery and the rules of evidence

Every case is different, but possible defenses include:

• Self-defense or defense of others: Reasonable force may be used against an imminent threat when the legal requirements are met.
• False or exaggerated allegations: A defense may investigate conflicting accounts, motives, and corroborating evidence. A custody dispute or breakup does not itself prove an allegation is false.
• Insufficient evidence: The prosecution must prove each element beyond a reasonable doubt. Lack of injury can matter for an injury-based charge, but does not by itself defeat domestic battery.
• Accidental conduct: An injury alone does not prove the required willful conduct. Willful conduct is not always the same as an intent to cause the resulting injury.
• Mistaken identity: Confusion may arise when several people were present or witnesses did not clearly see the incident.
• Unlawful police conduct: Evidence from an unlawful search or interrogation may be subject to suppression when the legal requirements are met; dismissal is not automatic.

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• Illegal search and seizure issues

Take practical steps to protect your rights and avoid additional allegations:

• 1. Do not contact the alleged victim. Even a message intended to apologize can violate an order.
• 2. Do not discuss the incident with police or prosecutors without a lawyer. Clearly state that you wish to remain silent and want counsel.
• 3. Preserve evidence. Save messages, photographs, receipts, medical records, and witness contact information. Do not delete or alter evidence.
• 4. Document your own injuries or property damage, if any, and seek necessary medical care.
• 5. Attend every court date. Missing court can result in a warrant.
• 6. Ask about firearm restrictions and deadlines. A protective order or conviction can affect possession rights and require lawful relinquishment.
• 7. Consult a defense lawyer promptly. Early action can preserve evidence and identify defenses.

• What happens after an arrest in Vista

A domestic-violence EPO expires at the earlier of the close of judicial business on the fifth court day after issuance or the seventh calendar day after issuance. Check the date and time printed on the order. A separate temporary restraining order or criminal protective order may remain in force.

Yes. Prosecutors may proceed using admissible evidence such as recordings, photographs, witness testimony, or other evidence even if the alleged victim asks to drop the case. Whether the available evidence is sufficient and admissible depends on the circumstances. The alleged victim cannot personally dismiss criminal charges.

Generally, a person subject to a qualifying domestic-violence restraining order may not own, possess, purchase, or receive firearms while it is in effect. Relinquishment requirements and deadlines can apply. State and federal law may impose separate restrictions, and a conviction may create additional prohibitions. Ask counsel about the exact order and do not assume an exception applies.

A domestic-violence accusation can affect your freedom, family relationships, firearm rights, immigration status, and professional future. Recent changes in California law make it especially important to understand the exact orders and charges in your case.

Attorney James N. Dicks of jD LAW Criminal Defense Attorney is a Certified Criminal Law Specialist and former police detective. He represents clients throughout San Diego County and North County in domestic-violence defense and related criminal matters.

For a free consultation, call (760) 630-2000 or contact our team. Contacting the firm does not by itself create an attorney-client relationship.

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