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Domestic Violence Attorney in Pomona

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Domestic Violence Defense Attorney in Pomona, California

Facing domestic violence charges in Pomona, California can be one of the most frightening and life-altering experiences you’ll ever encounter. These allegations carry severe legal consequences including jail time, substantial fines, loss of gun rights, and mandatory protective orders that can separate you from your home and family. Beyond the immediate criminal penalties, a domestic violence conviction creates a permanent record that affects employment opportunities, professional licensing, child custody arrangements, and your reputation in the community for years to come.

At Tu Defensor Criminalista, we understand that domestic violence cases are rarely black and white. False accusations, exaggerated claims, mutual combat situations, and accusations made in the heat of emotional conflicts are unfortunately common. We also recognize that many domestic violence arrests result from misunderstandings, lack of context, or one-sided police investigations that don’t capture the full picture of what actually occurred.

Our experienced criminal defense team has successfully defended hundreds of clients against domestic violence charges throughout Los Angeles County, including at the Pomona Courthouse Superior Court. We know the local prosecutors, judges, and court procedures, and we understand the strategies that work best to protect your rights, preserve your freedom, and fight for the best possible outcome in your case.

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Understanding Domestic Violence Laws in California

California Penal Code Section 273.5 defines domestic violence as willfully inflicting corporal injury resulting in a traumatic condition upon a spouse, cohabitant, former spouse, fiancé, or parent of one’s child. The law is broader than many people realize and encompasses various relationships and types of conduct.

Who Can Be a Victim Under California Law?

Domestic violence charges can arise from incidents involving:

  • Current or former spouses
  • Current or former cohabitants (people living together in a dating relationship)
  • Current or former fiancés or fiancées
  • Current or former dating partners
  • Parents of your children
  • Blood relatives (parents, children, siblings, grandparents)

According to the California Department of Justice[1], domestic violence accounts for a significant portion of violent crime reported throughout the state, with law enforcement agencies responding to hundreds of thousands of domestic violence calls annually.

Types of Domestic Violence Charges

California law includes several distinct domestic violence-related offenses:

  • Penal Code Section 273.5 – Corporal Injury to a Spouse or Cohabitant: This is the most serious domestic violence charge, classified as a “wobbler” that can be prosecuted as either a felony or misdemeanor. It requires proof that you willfully inflicted a physical injury that resulted in a traumatic condition (any wound or injury, whether minor or serious, caused by physical force).
  • Penal Code Section 243(e)(1) – Domestic Battery: A misdemeanor offense involving any willful and unlawful touching in a harmful or offensive manner against an intimate partner, even if no visible injury results. This charge doesn’t require proof of injury, only unlawful physical contact.
  • Penal Code Section 273d – Child Abuse: Charges filed when domestic violence involves inflicting cruel or inhuman corporal punishment or injury upon a child.
  • Penal Code Section 273a – Child Endangerment: Willfully causing or permitting a child to suffer or be placed in a dangerous situation, including allowing a child to witness domestic violence.
  • Penal Code Section 422 – Criminal Threats: Making threats to kill or seriously injure someone when the threat causes the person to be in sustained fear for their safety or their family’s safety.
  • Penal Code Section 646.9 – Stalking: Repeatedly following or harassing someone and making credible threats with the intent to place them in reasonable fear for their safety.
  • Penal Code Section 591 – Damaging a Phone Line: Preventing someone from calling 911 or seeking help during a domestic dispute by damaging or disabling phone lines or communication devices.

According to California Courts[2], domestic violence cases are prosecuted aggressively throughout the state, with specialized domestic violence units in most district attorney’s offices focusing exclusively on these cases.

Penalties for Domestic Violence Convictions in Pomona

The consequences of domestic violence convictions in Pomona vary significantly depending on whether charges are filed as misdemeanors or felonies, your prior criminal history, and the specific circumstances of the alleged offense.

Misdemeanor Domestic Violence (PC 273.5)

If charged as a misdemeanor, potential penalties include:

  • Up to one year in county jail
  • Fines of up to $6,000
  • Informal probation (typically 36 months)
  • Mandatory completion of a 52-week domestic violence batterer’s treatment program
  • Restitution to the victim for medical expenses, counseling costs, and other losses
  • Community service requirements
  • Protective orders restricting contact with the alleged victim

Felony Domestic Violence (PC 273.5)

When charged as a felony, the stakes increase dramatically:

  • Two, three, or four years in California state prison
  • Formal probation with up to one year in county jail
  • Fines of up to $6,000
  • Mandatory 52-week batterer’s treatment program
  • Restitution payments to victims
  • Loss of gun rights under federal and California law
  • Protective orders with severe restrictions
  • Potential strike on your record under California’s Three Strikes Law if great bodily injury was inflicted

Enhanced Penalties

Certain circumstances trigger enhanced penalties:

  • Prior domestic violence convictions within the past seven years
  • Infliction of great bodily injury
  • Violations occurring in the presence of children
  • Use of weapons during the incident
  • Strangulation or suffocation

According to data from the Los Angeles County District Attorney’s Office[3], domestic violence cases are among the most aggressively prosecuted offenses in the county, with conviction rates significantly higher than many other crime categories.

Collateral Consequences

Beyond criminal penalties, domestic violence convictions create serious collateral consequences:

Immigration Status: For non-citizens, domestic violence convictions can result in deportation, denial of naturalization, inadmissibility, and inability to obtain visas or green cards. The U.S. Citizenship and Immigration Services[4] considers domestic violence a deportable offense under federal immigration law.

  • Employment Impact: Many employers conduct background checks, and domestic violence convictions appear on these reports. Certain professions—including healthcare, education, law enforcement, and positions requiring security clearances—may be permanently closed to you.
  • Child Custody and Visitation: Family courts in California presume that awarding custody to a parent with a domestic violence conviction is detrimental to the child’s best interests, making it extremely difficult to obtain custody or even liberal visitation rights.
  • Professional Licensing: State licensing boards for attorneys, nurses, doctors, real estate agents, contractors, and many other professions can deny, suspend, or revoke licenses based on domestic violence convictions.
  • Housing: Landlords frequently deny rental applications based on domestic violence convictions, and public housing authorities may terminate tenancy or deny applications.
  • Firearm Rights: California and federal law prohibit anyone convicted of domestic violence from owning, purchasing, or possessing firearms for life.

The Domestic Violence Arrest and Prosecution Process in Pomona

Understanding what happens after a domestic violence arrest in Pomona helps you make informed decisions and protect your rights from the very beginning.

Law Enforcement Response

When Pomona Police Department officers respond to domestic violence calls, they follow specific protocols:

  • Mandatory Arrest Policy: California Penal Code Section 836 authorizes warrantless arrests when officers have probable cause to believe domestic violence occurred, even if they didn’t witness the incident. The Pomona [5]Police Department[5] follows this mandatory arrest policy, meaning officers will arrest someone if they believe domestic violence occurred—even if the alleged victim doesn’t want to press charges.
  • Evidence Collection: Officers document everything:
    • Photographs of any visible injuries (even minor scratches or redness)
    • Statements from both parties and witnesses
    • 911 call recordings
    • Damage to property
    • Officers’ observations about emotional states and demeanor
    • Medical records if treatment was sought
  • Protective Orders: Pomona police typically request emergency protective orders (EPOs) valid for up to seven days, immediately restricting your contact with the alleged victim and potentially excluding you from your home.

Booking and Detention

After arrest, you’ll be transported to the Pomona Police Department for booking. Domestic violence arrests often involve:

  • Extended detention periods (48-72 hours) due to protective order requirements
  • Higher bail amounts than many other misdemeanors
  • Bail schedules that consider the severity of alleged injuries and relationship to the victim

According to the Superior Court of California, County of Los Angeles[6], domestic violence cases in Pomona are heard at the Pomona Courthouse Superior Court at 400 Civic Center Plaza, where specialized domestic violence courts handle these matters.

Arraignment

Your first court appearance, typically within 48 hours of arrest, is called the arraignment. At this hearing:

  • Formal charges are read
  • You enter a plea (guilty, not guilty, or no contest)
  • The court issues a criminal protective order (often called a restraining order)
  • Bail is reviewed and set
  • Future court dates are scheduled

Criminal Protective Orders: These court orders, issued in nearly every domestic violence case, can:

  • Prohibit any contact with the alleged victim (no calls, texts, emails, social media contact, or third-party messages)
  • Exclude you from your shared residence
  • Restrict contact with your children
  • Require you to stay a specified distance away from the victim’s home, workplace, and vehicle
  • Remain in effect throughout the criminal case and potentially beyond

Violating these orders results in immediate arrest and additional criminal charges under Penal Code Section 273.6, making compliance absolutely critical.

The “No-Drop” Policy

Los Angeles County prosecutors follow a “no-drop” policy in domestic violence cases, meaning they proceed with prosecution even if the alleged victim doesn’t want to press charges or wishes to drop the case. The decision to prosecute belongs to the District Attorney’s office, not the alleged victim.

This policy stems from recognition that domestic violence victims often face pressure to recant or minimize incidents. While well-intentioned, it also means that cases proceed even when allegations were exaggerated, false, or made in the heat of emotional conflicts.

Common Defenses to Domestic Violence Charges

At Tu Defensor Criminalista, we’ve successfully defended countless clients against domestic violence charges by employing strategic defenses tailored to each unique situation. Here are the most effective defense strategies:

False Accusations

Unfortunately, false domestic violence accusations occur frequently, motivated by:

  • Revenge or retaliation during relationship breakups
  • Gaining advantage in child custody or divorce proceedings
  • Immigration benefits (VAWA self-petitions)
  • Jealousy or controlling behavior
  • Mental health issues or personality disorders
  • Financial motivations (securing exclusive use of shared property)

We investigate the accuser’s motivations, inconsistencies in their statements, lack of corroborating evidence, and history of making similar accusations. Character witnesses, text messages, emails, and other communications can demonstrate the accuser’s true motivations.

Self-Defense

California law recognizes your right to use reasonable force to defend yourself from imminent harm. Self-defense applies when:

  • You reasonably believed you or someone else faced imminent danger of suffering bodily injury
  • You reasonably believed immediate use of force was necessary to defend against that danger
  • You used no more force than was reasonably necessary

We present evidence showing the alleged victim was the aggressor, you acted to protect yourself, and your response was proportionate to the threat faced.

Defense of Others

Similar to self-defense, you can legally use reasonable force to protect others from harm. This defense applies when protecting children, other family members, or third parties from the alleged victim’s aggression.

Accidental Injury

Not all injuries result from intentional acts. We can demonstrate that:

  • The injury occurred accidentally during a non-violent incident
  • You were engaged in lawful activity when the accidental contact occurred
  • No willful act of violence took place

Domestic violence charges require proof that you willfully inflicted injury—accidents don’t satisfy this legal standard.

Lack of Evidence

The prosecution must prove every element of domestic violence beyond a reasonable doubt:

  • You committed a willful act
  • The act was harmful or offensive
  • It was committed against an intimate partner
  • It resulted in a traumatic condition or injury

We challenge insufficient or unreliable evidence by:

  • Highlighting lack of visible injuries or medical documentation
  • Exposing inconsistencies in the alleged victim’s statements
  • Demonstrating that injuries could have resulted from other causes
  • Challenging the reliability of witness testimony
  • Questioning the credibility of investigating officers

No Traumatic Condition

For PC 273.5 charges, the prosecution must prove a “traumatic condition” resulted from your actions. This requires:

  • A wound or physical injury
  • Caused by the direct application of physical force

Minor redness that fades quickly, slight pain without visible injury, or complaints of discomfort without medical documentation may not constitute a traumatic condition. We can argue charges should be reduced to simple battery or dismissed entirely.

Mutual Combat

When both parties engaged in physical altercation as willing participants, mutual combat may be a defense. We investigate:

  • Who initiated the physical contact
  • Whether both parties were equally aggressive
  • The history of violence in the relationship
  • Evidence showing the alleged victim was not merely a victim

While mutual combat may not result in complete acquittal, it can lead to reduced charges or more favorable plea agreements.

Insufficient Evidence of Relationship

Domestic violence laws apply only to specific relationships. If you didn’t live with the alleged victim, weren’t in a dating relationship, and don’t share children, standard assault or battery charges may apply instead—often with less severe penalties and consequences.

Constitutional Violations

We scrutinize every aspect of your arrest and investigation for constitutional violations:

  • Were you read your Miranda rights before custodial interrogation?
  • Did police have legal grounds for entering your home?
  • Was evidence obtained through illegal searches or seizures?
  • Were proper procedures followed during the investigation?

If your rights were violated, we file motions to suppress evidence or dismiss charges entirely.

Pomona’s Domestic Violence Context and Statistics

Pomona, California’s third-largest city with approximately 151,000 residents according to the U.S. Census Bureau[7], faces unique domestic violence challenges shaped by its demographics, economic conditions, and community characteristics.

Demographics and Risk Factors

Pomona’s diverse population is approximately 71% Latino, with significant immigrant communities where language barriers, cultural factors, and immigration concerns can complicate domestic violence situations. According to census data, approximately 20% of Pomona residents live below the poverty line—significantly higher than California’s state average.

Research from the California Department of Public Health[8] indicates that economic stress, unemployment, substance abuse, and housing instability are risk factors associated with increased domestic violence incidents. Pomona’s economic challenges contribute to stressors that can escalate family conflicts.

Local Law Enforcement Approach

The Pomona Police Department takes domestic violence seriously, with officers receiving specialized training in domestic violence response. The department works closely with local victim advocacy organizations and the Los Angeles County District Attorney’s Family Violence Division to prosecute cases aggressively.

Community Resources

Pomona and Los Angeles County offer numerous domestic violence resources:

  • 24-hour hotlines providing crisis intervention
  • Emergency shelters for victims and their children
  • Counseling and support services
  • Legal advocacy for protective orders
  • Batterer intervention programs for those convicted

The Los Angeles County Department of Public Health[9] provides information about domestic violence prevention programs and support services available throughout the county, including in Pomona.

Protective Orders and Restraining Orders in Domestic Violence Cases

Protective orders are among the most immediate and disruptive consequences of domestic violence arrests, separating you from your home, family, and normal life before you’re ever convicted of a crime.

Types of Protective Orders

  • Emergency Protective Orders (EPOs): Issued by police at the scene, valid for 5-7 days, providing immediate protection while the alleged victim seeks longer-term orders.
  • Criminal Protective Orders: Issued by criminal courts as part of your criminal case, these can last throughout your case and potentially 10 years after conviction. The court issues these automatically in most domestic violence prosecutions.
  • Domestic Violence Restraining Orders (DVROs): Civil restraining orders obtained by the alleged victim through family court, independent of criminal charges. These can last up to five years and can be renewed.

Restrictions Imposed by Protective Orders

Protective orders can:

  • Prohibit all contact (in person, by phone, text, email, social media, or through third parties)
  • Exclude you from your home, even if you own it or pay rent
  • Require you to stay 100 yards away from the protected person
  • Restrict contact with your children
  • Require you to surrender any firearms
  • Prohibit you from specific locations (victim’s workplace, school, children’s schools)

Modifying or Lifting Protective Orders

Protective orders create significant hardship, especially when you share children, property, or financial obligations with the alleged victim. At Tu Defensor Criminalista, we can:

  • Request modifications allowing peaceful contact regarding children or property
  • Seek “peaceful contact” provisions instead of “no contact” orders
  • Petition to lift orders when the alleged victim desires it (though courts don’t automatically grant such requests)
  • Negotiate with prosecutors for less restrictive orders

Violations of Protective Orders

Violating protective orders is a separate crime under PC 273.6, carrying penalties including:

  • Up to one year in county jail for misdemeanor violations
  • Mandatory minimum 48 hours in jail for second violations within one year
  • Felony charges for violations involving violence or serious threats

Even well-meaning violations—responding to the alleged victim’s messages, returning to your home at their invitation, or attending your child’s school events—can result in immediate arrest and prosecution. Strict compliance is essential.

Domestic Violence and Child Custody

Domestic violence allegations and convictions dramatically impact child custody and visitation rights in California family court proceedings.

Presumption Against Custody

California Family Code Section 3044 creates a rebuttable presumption that awarding custody to a parent convicted of domestic violence within the previous five years is detrimental to the child’s best interests. This means the court assumes you shouldn’t have custody unless you can prove otherwise—a difficult burden to overcome.

Impact on Visitation

Even when custody is denied, you may still obtain visitation rights, though the court can impose conditions including:

  • Supervised visitation only
  • Restrictions on overnight visits
  • Prohibitions on alcohol or drug use during visits
  • Completion of parenting classes or counseling
  • No contact with the other parent during exchanges

Protecting Your Parental Rights

Successfully defending your domestic violence case is crucial to protecting your relationship with your children. At Tu Defensor Criminalista, we understand that your children’s wellbeing and your relationship with them are among your highest priorities. We fight aggressively to:

  • Obtain dismissals or acquittals that eliminate the Family Code 3044 presumption
  • Negotiate reduced charges that don’t trigger custody restrictions
  • Present mitigation evidence showing you’re a good parent
  • Coordinate with family law attorneys to protect your parental rights

Domestic Violence Diversion and Alternative Programs

California law provides limited diversion options for domestic violence cases, but when available, these programs offer paths to case dismissal without conviction.

Pretrial Diversion (PC 1001.50)

Some first-time domestic violence defendants may be eligible for pretrial diversion, which allows you to:

  • Enter a guilty plea that is held in abeyance
  • Complete a 12-month diversion program including counseling and batterer’s treatment
  • Have charges dismissed upon successful completion

Eligibility is limited and at prosecutor discretion. Factors considered include:

  • No prior domestic violence convictions
  • The alleged victim’s safety and input
  • Severity of injuries or violence
  • Your criminal history
  • Likelihood of successful rehabilitation

Deferred Entry of Judgment

Similar to pretrial diversion but available after pleading guilty, deferred entry of judgment delays sentencing while you complete program requirements. Successful completion results in case dismissal.

Batterer’s Intervention Programs

Whether as part of diversion, probation, or conviction requirements, California requires completion of 52-week batterer’s intervention programs certified by the state. These programs involve:

  • Weekly group sessions over 52 weeks (one full year)
  • Education about domestic violence dynamics
  • Anger management and conflict resolution skills
  • Accountability and behavior change focus
  • Costs of $50-75 per session (approximately $2,600-$3,900 total)

Domestic Violence and Immigration Consequences

For non-citizens facing domestic violence charges in Pomona, the immigration consequences can be devastating and permanent.

Deportable Offenses

Under federal immigration law, domestic violence convictions are considered “crimes of moral turpitude” and “crimes of domestic violence,” making you deportable if convicted. This applies even to:

  • Lawful permanent residents (green card holders)
  • Individuals who have lived in the United States for decades
  • People with U.S. citizen spouses and children

According to the U.S. Citizenship and Immigration Services[4], domestic violence convictions are among the most common grounds for deportation of otherwise lawful residents.

Inadmissibility Issues

Domestic violence convictions make you inadmissible, meaning you cannot:

  • Obtain or renew visas
  • Adjust status to lawful permanent residence
  • Naturalize as a U.S. citizen
  • Re-enter the United States after traveling abroad

Special Considerations

Immigration consequences vary depending on:

  • Your current immigration status
  • The specific charges and how they’re pleaded
  • Whether the conviction is classified as a crime of moral turpitude
  • Whether it qualifies as an “aggravated felony” under immigration law

At Tu Defensor Criminalista, we work closely with immigration attorneys to ensure any resolution of your criminal case considers immigration consequences. Sometimes this means fighting charges more aggressively at trial rather than accepting plea deals that would be immigration-safe for citizens but deportable for non-citizens.

Building Your Defense Strategy

Every domestic violence case is unique, requiring customized defense strategies based on the specific facts, evidence, relationships involved, and your personal circumstances.

Comprehensive Investigation

We begin with thorough investigation including:

  • Review of Evidence: Examining police reports, 911 recordings, body camera footage, photographs, medical records, witness statements, and all prosecution evidence for weaknesses, inconsistencies, or constitutional violations.
  • Witness Interviews: Speaking with anyone who witnessed the incident, has knowledge of the relationship dynamics, or can provide relevant information supporting your defense.
  • Evidence Collection: Gathering text messages, emails, social media posts, phone records, and other communications showing the alleged victim’s motivations, inconsistencies, or aggressive behavior.
  • Expert Consultation: When necessary, consulting with medical experts who can challenge injury causation, forensic experts who can analyze physical evidence, or psychologists who can address false accusation dynamics.
  • Background Investigation: Researching the alleged victim’s history of making similar accusations, credibility issues, mental health treatment, substance abuse, or motivations for false allegations.

Strategic Decision-Making

We analyze your options and develop strategy addressing:

  • Trial vs. Negotiation: Determining whether taking your case to trial or negotiating a favorable plea agreement best serves your interests.
  • Charge Reduction: Working to reduce felony charges to misdemeanors, or domestic violence charges to non-domestic assault or battery charges without the same severe consequences.
  • Alternative Resolutions: Pursuing diversion programs, deferred entry of judgment, or other alternatives to conviction when available.
  • Protective Order Strategy: Fighting for modifications or removal of overly restrictive protective orders that prevent you from your home, children, or livelihood.
  • Immigration Coordination: For non-citizens, ensuring any resolution minimizes or eliminates immigration consequences.

What to Do If You’re Arrested for Domestic Violence

If you’ve been arrested for domestic violence in Pomona, take these critical steps immediately:

Remain Silent

Exercise your right to remain silent. Do not:

  • Explain what happened to police officers
  • Try to convince officers the alleged victim is lying
  • Provide your “side of the story”
  • Make recorded phone calls from jail discussing the case

Everything you say will be used against you. Police conversations and jail phone calls are recorded and provided to prosecutors.

Request an Attorney

Clearly state that you want an attorney and will not answer questions without one present. Contact Tu Defensor Criminalista immediately—the sooner we begin working on your case, the more options we have.

Comply with Protective Orders

No matter how unreasonable protective orders seem, comply strictly with every provision. Do not:

  • Contact the alleged victim, even if they contact you first
  • Return to your shared residence without court permission
  • Communicate through friends, family, or social media
  • Respond to the alleged victim’s messages or calls

Violations result in immediate arrest and additional criminal charges that seriously damage your defense.

Document Everything

Write down everything you remember about the incident:

  • Exact sequence of events leading to the incident
  • Who said and did what
  • Names of any witnesses present
  • Photos or videos you took
  • Injuries you sustained
  • History of false accusations or volatile behavior by the alleged victim

Preserve all text messages, emails, voicemails, and other communications with the alleged victim. These can be crucial evidence.

Do Not Discuss Your Case

Don’t post about your arrest on social media, discuss details with friends or family, or talk about the case where you might be overheard. These communications can be discovered and used against you.

Seek Support

Domestic violence arrests are emotionally devastating. Seek support from:

  • Trusted friends or family members (without discussing case details)
  • Mental health professionals
  • Religious or spiritual advisors
  • Support groups

Taking care of your mental health helps you make better decisions throughout this difficult process.

Why Choose Tu Defensor Criminalista

When facing domestic violence charges that threaten your freedom, family, and future, choosing the right attorney makes all the difference in the outcome of your case.

  • Extensive Experience: We’ve successfully defended hundreds of domestic violence cases throughout Los Angeles County, including numerous cases at the Pomona Courthouse. We understand the nuances of these cases and the strategies that work best.
  • Local Knowledge: Our familiarity with Pomona judges, prosecutors, and court procedures gives us strategic advantages in negotiating and litigating your case. We know which prosecutors are reasonable, which judges are more sympathetic to certain defenses, and what arguments resonate in this courthouse.
  • Proven Results: Our track record includes dismissals, acquittals, reduced charges, and favorable plea agreements for countless clients facing domestic violence charges. We’ve helped clients avoid jail time, protect their immigration status, preserve their parental rights, and move forward with their lives.
  • Personalized Attention: We treat every client as an individual with unique circumstances and concerns. You’ll work directly with experienced attorneys who take time to understand your situation, answer your questions, and keep you informed throughout the process.
  • Aggressive Defense: We investigate every aspect of your case, challenge questionable evidence, expose false accusations, and hold prosecutors to their burden of proof. We’re not afraid to take cases to trial when that’s in your best interest.
  • Compassionate Representation: We understand that domestic violence cases often involve complex relationship dynamics, emotional conflicts, and difficult family situations. We provide judgment-free representation focused on protecting your rights and your future.
  • Comprehensive Service: From your arrest through trial, sentencing, appeals, and record expungement, we provide complete legal representation at every stage of your case.
  • Bilingual Services: We provide complete legal services in both English and Spanish, ensuring clear communication and understanding regardless of your preferred language.
  • Immigration Expertise: We understand the immigration consequences of domestic violence charges and work to protect non-citizens from deportation and inadmissibility.
  • Family Law Coordination: We coordinate with family law attorneys to protect your child custody rights and navigate the intersection of criminal and family court proceedings.

Take Action Now to Protect Your Future

If you’ve been arrested for domestic violence in Pomona or are under investigation, time is critical. Evidence can disappear, witnesses’ memories fade, and opportunities for favorable resolutions may be lost. Don’t wait—contact Tu Defensor Criminalista today for a free, confidential consultation.

We’ll review your case, explain your options, and begin building a defense strategy designed to protect your freedom, your family, and your future. Domestic violence charges are among the most serious accusations you can face, but with experienced, aggressive representation, you have options and hope.

Frequently Asked Questions – Domestic Violence

What should I do if the alleged victim wants to drop charges?

Contact Tu Defensor Criminalista immediately. While the alleged victim’s wishes matter, prosecutors make the final decision about whether to drop charges. We can facilitate communication with prosecutors, present the victim’s position, and argue for case dismissal, but we need to handle this carefully to avoid witness tampering accusations.

Can I be convicted if there are no visible injuries?

Yes. Domestic battery under PC 243(e)(1) requires only harmful or offensive touching, not visible injuries. However, the more serious PC 273.5 charge requires proof of a “traumatic condition,” making lack of visible injury a strong defense to that charge.

Will I lose my gun rights if convicted?

Yes. Both California and federal law prohibit anyone convicted of domestic violence from owning, purchasing, or possessing firearms. This is a lifetime ban with very limited exceptions.

How long do domestic violence cases take in Pomona?

The timeline varies significantly. Simple misdemeanor cases might resolve in 2-4 months, while contested felony cases that go to trial can take 12-18 months or longer. We work to resolve your case as quickly as possible while ensuring adequate time to build the strongest defense.

Can I get a domestic violence conviction expunged?

If you successfully complete probation, you may be eligible for expungement under California Penal Code Section 1203.4. Expungement releases you from most penalties of conviction, though some consequences (like immigration effects and gun rights loss) remain. We handle the entire expungement process for eligible clients.

What if we have children together?

Domestic violence charges complicate child custody significantly. California law presumes that custody to a parent convicted of domestic violence is detrimental to children. We coordinate with family law attorneys to protect your parental rights and work toward resolutions that don’t trigger this presumption.

What happens if I violated a protective order?

Violating a protective order is a separate criminal charge under PC 273.6. Contact us immediately—these charges are taken extremely seriously, and you need aggressive representation to avoid additional conviction and custody time.

Can I be deported for domestic violence?

Non-citizens convicted of domestic violence face serious deportation risk. The U.S. Department of Homeland Security[10] actively pursues deportation of individuals convicted of domestic violence, even lawful permanent residents. We work to avoid convictions or secure immigration-safe dispositions.

How much does a domestic violence attorney cost?

Legal fees vary depending on whether charges are misdemeanors or felonies, case complexity, and whether the case goes to trial. At Tu Defensor Criminalista, we offer transparent pricing and flexible payment plans. Contact us for a free consultation where we’ll discuss your specific situation and our fees.

What if I was acting in self-defense?

Self-defense is a complete defense to domestic violence charges. We gather evidence showing you faced imminent danger and used only reasonable force to protect yourself. This can include witness testimony, your injuries, history of violence by the alleged victim, and communications showing threats.

Contact Tu Defensor Criminalista for Pomona Domestic Violence Defense

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LanguagesEnglish & Spanish (Hablamos Español)
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Remember:

  • Request DMV hearing within 10 days of arrest
  • Don’t talk to police without attorney
  • Don’t plead guilty without exploring defenses
  • Free consultation – call now

Sources

  1. California Department of Justice (oag.ca.gov)
  2. California Courts (courts.ca.gov)
  3. Los Angeles County District Attorney’s Office (da.lacounty.gov)
  4. U.S. Citizenship and Immigration Services (uscis.gov)
  5. Pomona (pomonaca.gov)
  6. Superior Court of California, County of Los Angeles (lacourt.org)
  7. U.S. Census Bureau (census.gov)
  8. California Department of Public Health (cdph.ca.gov)
  9. Los Angeles County Department of Public Health (publichealth.lacounty.gov)
  10. U.S. Department of Homeland Security (dhs.gov)
  11. City of Pomona Police Department (pomonaca.gov)
  12. California Legislative Information (leginfo.legislature.ca.gov)

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