DV Charge Defense

A domestic violence conviction can lead to:

• Jail or prison time; a simple domestic violence felony can carry up to four years in prison, or up to one year in jail with probation.
• A permanent criminal record -- Loss of your professional license
• Restraining orders for up to ten years
• Loss of gun rights, even for a misdemeanor
• Child custody issues, domestic violence cases can change an ongoing family law case

If you are granted probation after a domestic violence conviction in California, the law sets out mandatory terms the court must impose. These include:

• 52-Week Batterer’s Intervention Program – You must complete a certified year-long counseling program with weekly classes.
• Protective Orders – The court will likely issue a criminal protective order, even if the protected person doesn’t request it. This may include stay-away or no-harassment conditions.
• Probation Supervision – Formal probation is typically required, which means regular check-ins with a probation officer.
• Fines and Fees – The court may order restitution, victim compensation, and additional court-imposed fines and assessments.
• Community Service or Jail Time – Depending on the case, the court may impose county jail time or require volunteer work.
• Search Conditions and Firearm Restrictions – You may be subject to warrantless searches, and you’ll be prohibited from owning or possessing firearms.

These requirements are mandatory and must be followed precisely. Failing to comply with any condition can result in a probation violation and possible jail time.

Many people are surprised to learn that in a domestic violence case, the alleged victim does not have the power to drop the charges. Once the police respond to a domestic incident, they generate a report that goes straight to the District Attorney’s office for review. Even if both parties later reconcile or agree the situation was misunderstood, the case is now in the hands of the prosecution—and only the DA can decide whether to file charges. One of the ways in which domestic violence cases is unique is that most “DV” victims “recant” or try to say the crime did not happen. DV prosecutors are accustomed to this. Trying to persuade the alleged victim to drop the case can actually make matters worse.In some situations, that kind of contact could be interpreted as dissuasion, intimidation, harassment, or even witness tampering—potentially leading to additional charges. That’s why early intervention by an experienced defense attorney is absolutely critical. At Couzens Criminal Defense, we engage with the DA’s office right away, presenting context, character evidence, and mitigating facts in an effort to stop charges from being filed in the first place.

1. Self-Defense or Defense of Others: You may have acted reasonably to protect yourself or another person from harm. California law allows the use of force if you were facing an immediate threat.
2. False Allegations: Domestic violence accusations are sometimes made out of anger, revenge, or to gain leverage in family court. We investigate motive, credibility, and inconsistencies in the accuser’s story.
3. Lack of Evidence: The prosecution must prove the charge beyond a reasonable doubt. If the evidence is weak, missing, or contradictory, we will challenge its sufficiency at every stage.
4. Mutual Combat: If both parties were engaged in a physical altercation and there is no clear aggressor, the prosecution may not be able to prove the necessary intent to commit a crime.
5. No Intent to Harm: Many domestic violence statutes require proof that you intended to injure the other person. Accidental or incidental contact is not a crime.
6. No Visible Injury (in 243(e)(1) cases): In cases where there’s no visible injury and no corroborating witness or physical evidence, it may be possible to avoid charges or win an acquittal.
7. Violation of Constitutional Rights: If police violated your rights — for example, conducting an illegal search, failing to advise you of your Miranda rights, or coercing a statement — we may be able to suppress critical evidence.
8. Alibi: If you were not present at the time of the alleged incident, we can present evidence such as witness statements, phone records, or surveillance footage to prove it.
9. Improper Police Investigation: Officers often make split-second judgments in emotionally charged situations. We review bodycam footage, dispatch logs, and police reports for mistakes, bias, or incomplete procedures.
10. Plea Negotiation or Diversion Programs: In appropriate cases, we may be able to resolve the matter without a conviction through anger management, counseling, or California’s domestic violence diversion programs—particularly for first-time offenders.

If charges are filed, we continue to fight from every angle—working to reduce or dismiss the charges, negotiate a resolution that protects your future, and, when necessary, prepare to defend you aggressively at trial.

At Couzens Criminal Defense, you benefit from:

• A former award-winning prosecutor who now defends people accused of domestic violence
• Nearly two decades of courtroom experience with domestic violence
• Early, pre-filing intervention to stop charges before they start
• A firm that knows how to investigate, challenge, and negotiate on your behalf
• Customized defense strategies including self-defense, mutual combat, lack of intent, and false accusation