A domestic violence accusation can turn your world upside down—long before you ever set foot in a courtroom. You might be removed from your home, lose access to your children, and suffer serious damage to your reputation. In California, even a misdemeanor domestic violence charge can lead to jail time, loss of gun rights, and other long-lasting consequences.
At Simmons Wagner, LLP, we understand how isolating and overwhelming it feels to be accused of a crime—especially one as emotionally charged as domestic violence. But the truth is, an accusation is not a conviction, and you have rights. The sooner you act, the better your chances of protecting your future.
Here’s what you need to know if you’ve been accused—or fear you might be—in California.
Domestic Violence Charges Move Quickly
In California, domestic violence isn’t taken lightly by law enforcement or prosecutors. If police are called to a domestic disturbance, someone is often arrested on the spot. From that point forward, the case can proceed even without the victim’s cooperation—meaning you may face prosecution even if the other party doesn’t want to press charges.
This is why it’s critical to contact an experienced domestic violence defense attorney as soon as possible. At Simmons Wagner, LLP, we can intervene early, gather evidence, and start building a defense before formal charges are even filed.
Protective Orders Can Be Life-Altering
One of the immediate consequences of a domestic violence accusation is the issuance of a restraining order (also known as a protective order). These orders can:
- Force you to move out of your home
- Prevent you from seeing or contacting your children
- Restrict your ability to possess firearms
- Impact your employment or professional licenses
Violating a restraining order—even unintentionally—can result in additional criminal charges, making an already difficult situation even worse. A skilled defense attorney from Simmons Wagner, LLP can represent you at the restraining order hearing and fight for terms that are fair and legally appropriate.
Common Defenses to Domestic Violence Charges
Every case is different, but there are many valid defenses to domestic violence charges. Some of the most effective strategies include:
- Self-defense or defense of others
- Accidental injury (the harm was not intentional)
- False accusations made out of anger, jealousy, or a custody dispute
- Lack of evidence (no visible injuries, no corroborating witnesses, etc.)
In some cases, we may recommend negotiating a plea to a lesser charge such as disturbing the peace or trespassing. These lesser charges typically do not carry the same penalties—no firearm restrictions, no automatic custody issues, and no immigration consequences for non-citizens.
Pre-Trial Diversion: A Path to Dismissal
If this is your first offense and the charges are less severe, you may qualify for pre-trial diversion—a program that allows your case to be dismissed after you complete counseling, community service, or other requirements.
This is often the best outcome because:
- You won’t have a conviction on your record
- You may avoid jail time
- You can move forward with your life with fewer long-term consequences
At Simmons Wagner, LLP, we will evaluate your eligibility and advocate aggressively for diversion if it’s an option.
You Deserve a Defense—We’re Here to Help
Being accused of domestic violence can feel like you’re guilty until proven innocent. Friends may pull away, family members may take sides, and your future can feel uncertain. But you do not have to face this alone.
The team at Simmons Wagner, LLP has extensive experience defending clients against domestic violence charges throughout California. We understand the legal system, the strategies that work, and how to fight for your rights every step of the way.
Call (949) 439-5857 today to schedule a confidential consultation. The sooner you take action, the more options you’ll have—and the better your chances of putting this behind you.