First-Time Domestic Violence Offenses in California: What to Expect
A first-time domestic violence arrest can feel unreal. For many people, this is their first experience with the criminal justice system, and it’s confusing, scary, and often overwhelming.
California treats domestic violence allegations seriously, even when there’s no prior record. After an arrest, things move fast. You may be released with strict conditions, forced to leave your home, or served with a protective order before you fully understand what’s happening. A court date can follow quickly, leaving little time to process what’s happening or figure out your next steps.
If you’re facing a first-time domestic violence charge, knowing what to expect can make a real difference. At the Law Office of Amy Chapman, our experienced Santa Rosa domestic violence defense lawyers help our clients protect their rights as we guide them through each step of the court process. Contact us today at (707) 636-3207 to discuss your case in a free consultation.
What Counts as Domestic Violence Under California Law?
California’s domestic violence laws are broader than many people expect. An incident does not have to involve serious injuries or a long history of abuse to result in criminal charges. What matters most is the relationship between the people involved and the type of conduct alleged.
What Relationships Are Covered
Domestic violence laws apply only when the alleged victim has a specific relationship with the accused. This includes current or former spouses, people who are dating or have dated, co-parents, cohabitants, and close family members. If the same conduct involved a stranger or casual acquaintance, it would likely be charged under different assault or battery laws.
Common Domestic Violence Charges
First-time cases most often involve misdemeanor charges. One common charge is domestic battery, which can be filed even when there is little or no visible injury. Another is corporal injury to a spouse or partner, which requires evidence of a physical injury but can be charged as either a misdemeanor or a felony depending on the circumstances.
Misdemeanor vs. Felony Classifications
Whether a case is filed as a misdemeanor or a felony depends on factors like the severity of the alleged injury, use of force, prior allegations, and whether children were present. Even for first-time offenders, prosecutors can file felony charges if they believe the facts justify it.
What Happens After a First-Time Domestic Violence Arrest?
The legal process starts immediately after a domestic violence arrest. For many first-time offenders, this stage is the most disorienting because decisions are made quickly, often before you’ve had a chance to speak with a lawyer or understand the charges.
Police Response and Arrest
In suspected domestic violence situations, California law gives officers broad discretion to make an arrest if they believe a crime occurred. Even if the alleged victim does not want to press charges, police may still proceed. Officers typically take statements, photograph any visible injuries, and may collect other evidence at the scene.
Booking, Bail, and Release Conditions
After an arrest, you may be taken to jail for booking, which includes fingerprinting and a background check. Some people are released within hours, while others must post bail. Release usually comes with conditions, such as obeying protective orders or avoiding contact with the alleged victim.
Emergency Protective Orders
In many cases, police request an emergency protective order right away. These orders can prohibit contact with the alleged victim and may require you to stay away from your home, workplace, or children. Violating an emergency order can result in new criminal charges, even if it was unintentional.
Arraignment and First Court Appearance
The first court appearance is known as an arraignment and usually happens within a few days. At this hearing, the judge formally reads the charges, addresses bail and protective orders, and asks for a plea. It is generally advisable to have an attorney present by this stage at the latest, but ideally as soon as possible following an arrest.
Criminal Charges and Potential Penalties for First-Time Offenders
A first-time domestic violence charge in California can still carry significant penalties, even without a prior criminal record.
Misdemeanor Penalties
Many first-time cases are filed as misdemeanors, most commonly under California Penal Code § 243(e)(1) (domestic battery). A misdemeanor conviction can result in up to one year in county jail, fines, and informal probation. Courts are also required to order completion of a batterer’s intervention program, which typically lasts 52 weeks. Additional conditions may include community service, restitution, and compliance with criminal protective orders.
Felony Charges and Enhanced Penalties
Some domestic violence offenses are classified as “wobblers”, meaning they can be charged as either misdemeanors or felonies. For example, corporal injury to a spouse or intimate partner may be filed as a felony if the alleged injury is considered traumatic or serious. A felony conviction may lead to up to 4 years in state prison, formal probation, and substantially higher fines, even for a first offense.
Additional Court-Ordered Penalties
In addition to jail or probation, domestic violence convictions sometimes carry long-term restrictions. Courts may issue criminal protective orders, require ongoing counseling, and impose firearm prohibitions under California Penal Code § 29805. These consequences can last for years and may affect housing, employment, and family relationships.
How a First-Time Domestic Violence Case Proceeds in Court
After a domestic violence arrest, the case moves quickly into the court system. For first-time offenders, the process can be confusing because several hearings may occur before the case is resolved, and each one serves a different purpose. Understanding how a case typically moves from arraignment through resolution can help you know what to expect.
Arraignment and Plea Options
The arraignment is the defendant’s first appearance before a judge. At this hearing, the court formally states the charges and reviews any protective orders or release conditions. The judge will then ask for a plea.
In some cases, the defendant’s lawyer may attempt to reach a plea deal, where the defendant pleads guilty in exchange for a lighter sentence. However, many defendants enter a not guilty plea at this stage. Doing so allows time to review the evidence, consult with legal counsel, and explore possible defenses or negotiated outcomes.
Pretrial Hearings and Evidence Review
After the arraignment, the case proceeds through one or more pretrial hearings. During this time, the prosecution must provide discovery, which can include police reports, body camera footage, photographs of alleged injuries, medical records, and witness statements.
The defense reviews this material for inconsistencies, credibility issues, or legal problems. Motions may be filed to suppress evidence or challenge how the arrest or investigation was handled.
Negotiations, Diversion, or Trial
Many first-time domestic violence cases are resolved before trial. Prosecutors and defense attorneys often negotiate outcomes that may involve reduced charges, probation instead of jail time, or alternative sentencing options. If negotiations fail, the case proceeds to trial, where the prosecution must prove every element of a charge beyond a reasonable doubt.
Learn More From a Santa Rosa Criminal Defense Lawyer
A first-time domestic violence charge can have lasting consequences. Understanding the process is only the first step. Speaking with an experienced Santa Rosa criminal defense attorney early can help you protect your rights, explore your options, and avoid mistakes. Contact the experienced Santa Rosa domestic violence defense attorneys of Amy Chapman Law today at (707) 636-3207 to learn more in a free consultation.