San Bernardino County Domestic Violence Defense Attorney
Being arrested for domestic violence in San Bernardino County is a frightening, life-altering experience that can destroy your family, your career, and your future — even if you are innocent. California law enforcement officers are required to make an arrest whenever they respond to a domestic violence call and have probable cause to believe an act of domestic battery or corporal injury has occurred. This mandatory arrest policy means that officers often arrest first and investigate later, frequently taking the alleged victim’s word at face value without thoroughly examining the evidence, the context, or whether the allegations are truthful.
If you or someone you love is facing domestic violence charges anywhere in San Bernardino County — from the city of San Bernardino to Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Redlands, Upland, Chino Hills, Hesperia, or any of the county’s communities — you need an experienced criminal defense attorney who will investigate the facts, challenge the prosecution’s case, protect your constitutional rights, and fight aggressively on your behalf.
At Tu Defensor Criminalista, Attorney Armando Josué Céspedes provides aggressive, bilingual criminal defense representation for clients charged with domestic violence offenses throughout San Bernardino County. We understand that domestic violence allegations are often far more complicated than what appears in a police report. False accusations driven by divorce disputes, custody battles, jealousy, revenge, or simple misunderstandings are more common than most people realize. We fight to uncover the truth, dismantle the prosecution’s case, and protect your rights at every stage.
San Bernardino County: Local Overview and Why Location Matters
San Bernardino County is the largest county by land area in the contiguous United States, spanning over 20,000 square miles. According to the U.S. Census Bureau[1], the county has a population of approximately 2.2 million residents, making it the fifth most populous county in California and the fourteenth most populous in the nation. The county seat is the city of San Bernardino.
The county’s population is concentrated in the Inland Empire cities south of the San Bernardino Mountains — including San Bernardino, Fontana, Rancho Cucamonga, Ontario, Rialto, Chino, Chino Hills, Upland, Redlands, Colton, Highland, and Yucaipa — while also extending into the vast High Desert communities of Victorville, Hesperia, Apple Valley, Adelanto, and Barstow, and further into mountain communities like Big Bear Lake, Lake Arrowhead, and Crestline. According to San Bernardino County Community Indicators[2], nearly two million people reside in the approximately 480 square miles of the San Bernardino Valley, making this one of the most densely populated regions in Southern California.
San Bernardino County’s size and population create a massive volume of domestic violence calls and arrests every year. Multiple law enforcement agencies, a well-resourced District Attorney’s Office, and specialized domestic violence prosecution units all contribute to an environment where domestic violence cases are prosecuted aggressively. Understanding the local courts, prosecutors, and law enforcement practices is essential to building an effective defense.
Domestic Violence Statistics: The Scale of the Problem in San Bernardino County and California
Domestic violence is one of the most heavily prosecuted categories of crime in San Bernardino County and throughout California. The following statistics illustrate the scope of the issue and the enforcement environment you face:
According to the California Department of Justice Criminal Justice Statistics Center[3], a total of 160,357 domestic violence-related calls for assistance were made to law enforcement agencies across California in 2023. That translates to a rate of 6.1 calls per 1,000 adults ages 18 to 69 statewide. San Bernardino County recorded a rate of 4.5 domestic violence calls per 1,000 adults in 2023, according to data compiled by Kidsdata.org[4] from California DOJ sources. While this rate is below the statewide average, it still represents thousands of individual calls to law enforcement within the county each year.
The San Bernardino County Children’s Network[5] has reported that in 2018 alone, 8,525 domestic violence calls for assistance were made in San Bernardino County. The organization also notes that an estimated 15.5 million children nationwide live in households where physical intimate partner violence occurred in the previous year, and that children exposed to domestic violence are at increased risk for mental, physical, social, behavioral, and developmental problems.
At the national level, the Centers for Disease Control and Prevention (CDC)[6] reports that more than one in three women (nearly 43.5 million) and more than one in six men (20.7 million) have experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetimes. Data from U.S. crime reports suggest that approximately one in five homicide victims is killed by an intimate partner, and over half of female homicide victims are killed by a current or former male intimate partner.
These statistics drive the aggressive prosecution of domestic violence cases in San Bernardino County. Prosecutors, judges, and law enforcement all operate under immense public pressure to treat domestic violence allegations with maximum seriousness. While this approach serves to protect genuine victims, it also means that individuals who are falsely accused, wrongfully arrested, or overcharged face an uphill battle from the moment of arrest. This is precisely why experienced legal defense is critical.
California Domestic Violence Laws: Understanding the Charges You Face
California has some of the most aggressive domestic violence laws in the nation. If you have been arrested in San Bernardino County, you may be facing charges under one or more of the following statutes:
California Penal Code Section 273.5 — Corporal Injury to a Spouse or Intimate Partner
This is California’s primary domestic violence felony statute. Penal Code 273.5 makes it illegal to willfully inflict corporal injury resulting in a traumatic condition upon a current or former spouse, cohabitant, dating partner, or parent of your child. “Traumatic condition” means any wound or bodily injury, whether minor or serious, caused by the direct application of physical force. Even a minor bruise, scratch, or redness can satisfy this element.
PC 273.5 is a “wobbler” offense, meaning it can be charged as either a felony or a misdemeanor depending on the severity of the alleged injury, the defendant’s criminal history, and the prosecutor’s discretion.
Felony Penalties: Up to four years in state prison, a fine of up to $6,000, and formal probation. If the defendant has a prior domestic violence conviction within seven years, penalties increase to two, four, or five years in state prison and a fine of up to $10,000. If the injury qualifies as “great bodily injury” under Penal Code 12022.7, an additional three to five years of consecutive prison time may be imposed.
Misdemeanor Penalties: Up to one year in county jail, a fine of up to $6,000, and summary probation.
Mandatory Probation Conditions: Whether charged as a felony or misdemeanor, a conviction under PC 273.5 requires completion of a minimum one-year batterer’s intervention program (commonly called “domestic violence classes” or a “52-week program”), a criminal protective order (restraining order), payment of restitution to the victim, and possible payments to a domestic violence shelter fund of up to $5,000.
California Penal Code Section 243(e)(1) — Domestic Battery
Domestic battery under PC 243(e)(1) is a misdemeanor offense that involves the willful and unlawful touching of a spouse, former spouse, cohabitant, former cohabitant, dating partner, or parent of your child in a harmful or offensive manner. Unlike PC 273.5, domestic battery does not require any visible injury. Any unwanted physical contact — even a push, grab, or slap that leaves no mark — can support a conviction.
Penalties: Up to one year in county jail, a fine of up to $2,000, and summary probation. Probation conditions include a mandatory batterer’s intervention program of at least one year and a criminal protective order.
Important Immigration Distinction: A conviction under PC 243(e)(1) is generally not considered a “deportable crime of domestic violence” under federal immigration law, unlike a conviction under PC 273.5. This distinction can be critically important for non-citizen defendants and is one reason why negotiating a charge reduction from PC 273.5 to PC 243(e)(1) can have life-changing consequences.
Additional Related Charges
Domestic violence arrests in San Bernardino County frequently involve additional or alternative charges:
Criminal Threats — PC 422: Making threats of death or great bodily injury with the intent to place someone in sustained fear is a wobbler offense carrying up to four years in state prison if charged as a felony. This is a “strike” offense under California’s Three Strikes Law.
Stalking — PC 646.9: Willfully, maliciously, and repeatedly following or harassing someone and making a credible threat with the intent to place them in fear for their safety is a wobbler offense carrying up to five years in state prison.
Child Endangerment — PC 273a: If domestic violence occurs in the presence of children, prosecutors may add child endangerment charges, which carry up to six years in state prison when charged as a felony.
Violation of a Protective Order — PC 273.6: Violating a domestic violence restraining order is a misdemeanor carrying up to one year in county jail. A second violation within seven years involving violence or a credible threat of violence is a wobbler.
Assault with a Deadly Weapon — PC 245(a)(1): If a weapon was involved in the domestic violence incident, this strike offense carries up to four years in state prison.
Elder Abuse — PC 368: If the alleged victim is 65 years of age or older, elder abuse charges may be filed in addition to or instead of domestic violence charges.
How Domestic Violence Cases Are Prosecuted in San Bernardino County
Understanding the prosecution process in San Bernardino County is essential to preparing an effective defense.
The Arrest and Emergency Protective Order
California has a mandatory arrest policy for domestic violence. When officers respond to a domestic violence call and have probable cause to believe battery or corporal injury occurred, they are required to make an arrest. Officers will typically separate the parties, photograph any alleged injuries, take statements, and arrest the person they believe to be the “primary aggressor.”
Upon arrest, the responding officer can immediately request an Emergency Protective Order (EPO) from an on-call judge by telephone. An EPO takes effect immediately, lasts five to seven business days, and typically orders the arrested person to have no contact with the alleged victim and to stay away from the shared residence. This means that even before you have been formally charged — and before you have had any opportunity to tell your side of the story — you may be removed from your own home and barred from seeing your family.
The District Attorney’s Review
According to the San Bernardino County District Attorney’s Office[7], after receiving the police report, a deputy district attorney reviews the case and decides whether to file formal charges. The prosecutor must believe the case can be proved “beyond a reasonable doubt.” If the deputy district attorney believes the evidence supports criminal charges, a criminal complaint is filed and the case proceeds to arraignment.
The DA’s Office maintains a dedicated victim services program with victim advocates located at multiple centers throughout the county, including offices in San Bernardino (303 W. 3rd Street), Rancho Cucamonga (8303 Haven Avenue), Joshua Tree (6527 White Feather Road), Victorville (15371 Civic Dr.), and at Arrowhead Regional Medical Center in Colton. These advocates work closely with alleged victims throughout the prosecution process, which can make it harder for defendants — particularly those who are falsely accused.
The Criminal Protective Order
At arraignment, the court will typically issue a Criminal Protective Order (CPO) under Penal Code Section 136.2. This order may prohibit all contact with the alleged victim (a “full stay-away” order) or may allow peaceful contact only (a “level one” order). The CPO remains in effect for the duration of the criminal case and, upon conviction, may be extended for up to ten years. Violating a CPO is a separate criminal offense under PC 273.6.
Prosecution Even Without the Victim’s Cooperation
One of the most important things to understand about domestic violence prosecution in San Bernardino County is that the case belongs to the People of the State of California — not to the alleged victim. This means that even if the alleged victim recants their allegations, refuses to cooperate, or asks the prosecutor to drop the charges, the DA’s Office can and often will continue to prosecute the case. Prosecutors can subpoena the alleged victim to testify and can use other evidence — including 911 call recordings, officer body camera footage, photographs, medical records, and statements to police — to pursue a conviction even over the victim’s objections.
However, when an alleged victim refuses to cooperate or recants, the prosecution’s case becomes significantly weaker. Without the victim’s testimony, the prosecution may face hearsay objections that prevent them from introducing the victim’s prior statements. This is a critical strategic consideration that an experienced defense attorney will know how to leverage.
San Bernardino County Superior Court: Where Your Case Will Be Heard
The Superior Court of California, County of San Bernardino, operates multiple courthouse locations. According to the San Bernardino County Superior Court[8], domestic violence criminal cases are heard at district courthouses based on the geographic location of the alleged offense:
San Bernardino Justice Center — 247 West Third Street, San Bernardino, CA 92415. Criminal Division: (909) 384-1888. This is the county’s main criminal courthouse, serving cases from San Bernardino, Redlands, Highland, Colton, and surrounding communities.
Rancho Cucamonga District — 8303 Haven Avenue, Rancho Cucamonga, CA 91730. Phone: (909) 350-9764. Serves western San Bernardino County including Ontario, Upland, Montclair, Chino, and Chino Hills.
Fontana District — 17780 Arrow Boulevard, Fontana, CA 92335. Phone: (909) 350-9322. Handles cases from Fontana, Rialto, Bloomington, and surrounding areas.
Victorville District — 14455 Civic Drive, Victorville, CA 92392. Phone: (760) 245-6215. Serves the High Desert including Victorville, Hesperia, Apple Valley, Adelanto, and Barstow.
Joshua Tree District — 6527 White Feather Road, Joshua Tree, CA 92252. Phone: (760) 974-3048. Serves Morongo Basin communities.
Additional Locations: Barstow District (235 E. Mountain View Street), Big Bear District (477 Summit Blvd), and Needles District (1111 Bailey Ave).
The San Bernardino County Superior Court also operates a dedicated Domestic Violence and Restraining Orders division[9] at the Historic Courthouse, 351 North Arrowhead Avenue, San Bernardino, CA 92415, phone (909) 521-3136, which handles domestic violence restraining order petitions on the civil side.
At Tu Defensor Criminalista, we defend clients in all San Bernardino County Superior Court locations and are familiar with the procedures, judges, and prosecutors at each courthouse.
San Bernardino County Law Enforcement Agencies
Domestic violence arrests in San Bernardino County are made by multiple law enforcement agencies. According to the San Bernardino County District Attorney’s Office[10], key agencies include:
San Bernardino County Sheriff’s Department — Headquartered at 655 East 3rd Street, San Bernardino, CA 92415. The Sheriff’s Department provides law enforcement to unincorporated areas and 14 contract cities, serving over one million residents. Deputies regularly respond to domestic violence calls and are trained under California’s mandatory arrest protocols.
San Bernardino Police Department — 710 North D Street, San Bernardino, CA 92401. With over 250 sworn officers serving a community of more than 220,000 people, SBPD responds to approximately 1,000 calls for service every 24 hours, a significant portion of which involve domestic violence.
Municipal Police Departments — Independent police departments in Fontana, Ontario, Redlands, Rialto, Colton, Upland, Montclair, and Barstow all enforce domestic violence laws within their jurisdictions.
California Highway Patrol (CHP) — Inland Division — CHP officers occasionally encounter domestic violence situations during traffic stops and enforcement operations.
Common Scenarios Leading to Domestic Violence Charges in San Bernardino County
Domestic violence charges arise from a wide variety of circumstances, many of which involve misunderstandings, exaggerations, or outright fabrications. The following scenarios are among the most common in San Bernardino County:
Arguments That Escalate: A heated verbal argument between partners escalates, a neighbor calls 911, and officers arrive to find one party with a minor mark or redness. Under California’s mandatory arrest policy, the officer must make an arrest, even if the physical contact was mutual or the injury was accidental.
False Accusations During Divorce or Custody Disputes: One of the most common contexts for false domestic violence allegations is during contentious divorce proceedings or child custody battles. An allegation of domestic violence can provide enormous strategic advantages in family court — including emergency custody orders, exclusive use of the family home, and leverage in property division. Unfortunately, some individuals exploit this by fabricating or exaggerating claims.
Mutual Combat or Self-Defense Situations: In many domestic violence incidents, both parties engaged in physical contact. Officers arriving on the scene must determine who was the “primary aggressor” and often make this determination based on limited information, physical size differences, visible injuries, or the demeanor of the parties. The person arrested may, in fact, have been acting in self-defense.
Exaggerated Injuries or False Claims: An alleged victim may exaggerate the severity of injuries, claim injuries that were self-inflicted, or fabricate an incident that never occurred. Without thorough investigation, these false claims can lead to serious criminal charges.
Alcohol-Related Incidents: Many domestic violence arrests occur when alcohol is involved. Impaired judgment can lead to arguments, and officers responding to a disturbance may find it difficult to determine what actually happened when both parties are intoxicated.
Cultural and Language Misunderstandings: In San Bernardino County’s diverse communities, cultural differences and language barriers can contribute to misunderstandings during both the incident and the police investigation. Officers who do not speak the defendant’s language or understand cultural context may misinterpret the situation.
Defense Strategies for Domestic Violence Charges
At Tu Defensor Criminalista, we develop a tailored defense strategy based on the specific facts of your case. The following are among the most effective defense approaches:
Self-Defense: California law recognizes the right to use reasonable force to defend yourself against imminent harm. If you were attacked or reasonably believed you were about to be attacked, and you used only the amount of force necessary to protect yourself, self-defense is a complete defense to domestic violence charges. We investigate the circumstances, document your injuries, and present evidence that you were the victim — not the aggressor.
False Accusations: We aggressively investigate allegations that appear to be motivated by revenge, jealousy, custody disputes, divorce strategy, or other ulterior motives. We examine the accuser’s history of making allegations, identify inconsistencies in their statements, obtain text messages and social media evidence, interview witnesses, and build a compelling case that the allegations are fabricated.
Lack of Willful Intent: Both PC 273.5 and PC 243(e)(1) require that the physical contact be “willful” — meaning intentional. If the contact was accidental — for example, you accidentally bumped into your partner during an argument, or you were trying to prevent them from hurting themselves — this negates the willfulness element and constitutes a valid defense.
Insufficient Evidence of Injury (PC 273.5): For a conviction under PC 273.5, the prosecution must prove that the victim suffered a “traumatic condition” — some physical injury, however minor. If there is no evidence of injury — no photographs, no medical records, no corroborating witness testimony — the prosecution cannot establish this essential element. We may be able to get felony charges reduced to misdemeanor domestic battery under PC 243(e)(1), or dismissed entirely.
Challenging the Police Investigation: We scrutinize every aspect of the police investigation, including whether officers followed proper protocols, whether they conducted a thorough and impartial investigation, whether they correctly identified the primary aggressor, and whether they documented exculpatory evidence (evidence favorable to you). If officers rushed to judgment, failed to interview key witnesses, or ignored evidence of your innocence, we expose these failures to the court.
Challenging 911 Calls and Statements: We analyze 911 call recordings and the alleged victim’s statements to police for inconsistencies, exaggerations, and contradictions. We also evaluate whether these statements are admissible under the rules of evidence, particularly the hearsay rule and the Confrontation Clause of the Sixth Amendment.
Witness Recantation and Non-Cooperation: As discussed above, when the alleged victim recants their allegations or refuses to cooperate with the prosecution, the case becomes significantly weaker. We develop strategic approaches to leverage this situation while always acting within ethical and legal boundaries.
Negotiating Reduced Charges: When appropriate, we negotiate with the San Bernardino County District Attorney’s Office to reduce charges. For example, reducing a felony PC 273.5 charge to a misdemeanor PC 243(e)(1) can dramatically reduce potential penalties and — critically for non-citizens — may avoid deportation consequences. We also explore diversion programs, deferred entry of judgment, and other alternatives that can result in charges being dismissed upon successful completion.
Trial Defense: When negotiation cannot achieve a just result, we take your case to trial. Attorney Armando Josué Céspedes is an experienced trial lawyer who will present a compelling defense, cross-examine prosecution witnesses, challenge the credibility of the alleged victim, and fight for an acquittal.
Consequences of a Domestic Violence Conviction in San Bernardino County
A domestic violence conviction carries consequences that extend far beyond jail time and fines. Understanding the full scope of these consequences underscores why aggressive defense is essential:
Criminal Penalties: Felony PC 273.5 carries up to four years in state prison (or up to five years with priors) and fines up to $10,000. Misdemeanor PC 243(e)(1) carries up to one year in county jail and fines up to $2,000. All domestic violence convictions require completion of a minimum 52-week batterer’s intervention program.
Criminal Protective Order: The court will issue a restraining order that may prohibit all contact with the alleged victim for up to ten years. This can mean being forced out of your own home, being unable to see your children, and having your daily life severely restricted.
Loss of Firearms Rights: Under California Penal Code 29805, a domestic violence conviction — including misdemeanor domestic battery — results in a 10-year prohibition on owning, possessing, or purchasing any firearm. Under federal law (18 U.S.C. § 922(g)(9)), a conviction for a “misdemeanor crime of domestic violence” results in a lifetime federal firearms prohibition. You must surrender all firearms within 24 hours of conviction.
Child Custody Impact: A domestic violence conviction can devastate your position in family court. Under California Family Code Section 3044, there is a rebuttable presumption that awarding custody to a person convicted of domestic violence within the previous five years is detrimental to the best interests of the child. This presumption can effectively prevent you from obtaining custody and severely limit your visitation rights.
Immigration Consequences: For non-citizens, a domestic violence conviction can trigger mandatory deportation under federal immigration law. A conviction under PC 273.5 is generally considered a “crime of domestic violence” and an “aggravated felony” for immigration purposes, making the defendant deportable and ineligible for most forms of relief. Even a misdemeanor conviction can have severe immigration consequences depending on the specific statute of conviction. If you are not a U.S. citizen, the immigration implications of your case must be a central consideration in every defense decision.
Employment Consequences: A domestic violence conviction will appear on criminal background checks and can disqualify you from employment in law enforcement, security, education, healthcare, government positions, and any profession requiring a professional license. Many employers will not hire individuals with domestic violence convictions.
Professional Licensing: A conviction may result in the denial, suspension, or revocation of professional licenses in fields including law, medicine, nursing, real estate, teaching, accounting, and many others.
Housing: A criminal record can make it difficult to secure rental housing, as landlords routinely conduct background checks.
Three Strikes Implications: Certain domestic violence-related offenses — including criminal threats (PC 422) and assault with a deadly weapon (PC 245) — qualify as “strikes” under California’s Three Strikes Law, which can dramatically increase sentences for any future felony conviction.
Restraining Orders in Domestic Violence Cases
Restraining orders play a central role in domestic violence cases in San Bernardino County. Understanding the different types of orders and how they interact with your criminal case is essential:
Emergency Protective Order (EPO): Issued by a judge at the request of a law enforcement officer, typically at the time of arrest. Takes effect immediately and lasts five to seven business days. Requires the restrained person to leave the shared residence and have no contact with the protected person.
Temporary Restraining Order (TRO) — Domestic Violence: The alleged victim can petition the court for a Domestic Violence Restraining Order (DVRO) under the Domestic Violence Prevention Act. The court may issue a temporary restraining order without notice to the defendant (an “ex parte” order), which remains in effect until a full hearing is held, typically within 15 to 25 days.
Domestic Violence Restraining Order (DVRO): After a full hearing where both parties have the opportunity to present evidence and testimony, the court may issue a DVRO that can last up to five years and may be renewed. A DVRO can order the restrained person to stay away from the protected person, move out of the shared residence, have no contact by any means, surrender firearms, and comply with custody and visitation orders.
Criminal Protective Order (CPO): Issued by the criminal court under PC 136.2 in connection with the criminal case. Remains in effect for the duration of the case and, upon conviction, may be extended for up to ten years. Violation is a separate criminal offense.
An experienced defense attorney can help you navigate these overlapping orders, advocate for the least restrictive terms, and ensure that your rights are protected in both the criminal and civil proceedings.
The Mandatory 52-Week Batterer’s Intervention Program
Under California Penal Code Section 1203.097, any person granted probation for a domestic violence offense must complete a minimum 52-week batterer’s intervention program (BIP). This program, commonly referred to as “domestic violence classes,” involves weekly group sessions focused on accountability, anger management, communication skills, and understanding the dynamics of domestic violence.
The 52-week program is mandatory and cannot be shortened, even for first-time offenders or cases involving minor allegations. Failure to complete the program can result in probation revocation and imposition of the original jail or prison sentence. The program carries fees that typically range from $35 to $75 per session, which the defendant must pay.
Why Choose Tu Defensor Criminalista for Your Domestic Violence Defense
Experienced Trial Attorney: Attorney Armando Josué Céspedes has extensive experience defending clients against domestic violence charges throughout San Bernardino County. His proven track record includes dismissed charges, reduced charges, acquittals at trial, and negotiated resolutions that protect clients’ futures.
5.0 Avvo Rating with 34 Five-Star Reviews: Our clients consistently praise Attorney Céspedes for his dedication, professionalism, trial skills, and attention to detail. Three consecutive Client’s Choice Awards (2023, 2024, 2025) reflect the extraordinary level of client satisfaction our firm delivers.
Bilingual Representation (English and Spanish): We provide fully bilingual legal representation, ensuring Spanish-speaking clients understand every aspect of their case without any language barrier. Hablamos Español.
Aggressive and Compassionate Advocacy: We combine fierce courtroom advocacy with genuine compassion for our clients. We understand the fear, stress, and stigma that domestic violence charges bring, and we treat every client with respect and dignity while fighting relentlessly for the best possible outcome.
Knowledge of San Bernardino County Courts: We regularly appear in all San Bernardino County Superior Court locations and are familiar with the local prosecutors, judges, and court procedures.
Flexible Payment Plans: We offer custom payment plans with low upfront costs and flexible installments to ensure that financial concerns never prevent you from getting the defense you deserve.
Available 24/7: Arrests and emergencies do not follow business hours. We are available 24 hours a day, 7 days a week.
Attorney Appearances Under PC 977(a): For the majority of misdemeanor cases, your attorney can appear on your behalf at most court hearings under California Penal Code Section 977(a), saving you time and stress.
Frequently Asked Questions
I was arrested but I did not do anything wrong. What should I do?
Do not speak to the police about the allegations without an attorney present. Anything you say can and will be used against you. Contact a defense attorney immediately. We will investigate the facts, gather evidence in your favor, and begin building your defense right away.
The alleged victim wants to drop the charges. Will the case be dismissed?
Not necessarily. In California, the decision to prosecute belongs to the District Attorney, not the alleged victim. Even if the victim recants or asks that charges be dropped, the prosecutor can and often will continue the case. However, a non-cooperative victim significantly weakens the prosecution’s case, and an experienced attorney can leverage this strategically.
Can I go home if I have been arrested for domestic violence?
It depends. If an Emergency Protective Order (EPO) has been issued, you are prohibited from returning to the shared residence and from contacting the alleged victim for five to seven days. At your arraignment, the court will issue a Criminal Protective Order (CPO) that may allow “peaceful contact” or may require a complete stay-away. Your attorney can request that the court modify the protective order to the least restrictive terms appropriate for your situation.
Will I lose custody of my children?
A domestic violence conviction creates a presumption against custody under California Family Code Section 3044. However, this presumption is rebuttable, and many factors are considered. Importantly, an arrest alone does not determine custody — it is the outcome of the criminal case and the family court’s independent evaluation that matter. Defending the criminal case successfully is critical to protecting your custody rights.
What happens if I violate a protective order?
Violating a protective order is a separate criminal offense under PC 273.6, carrying up to one year in county jail. A violation will also likely result in more restrictive protective order terms and can negatively impact your criminal case and any family court proceedings.
How long will a domestic violence case take to resolve?
The timeline varies significantly depending on the complexity of the case, whether it is a misdemeanor or felony, and whether it proceeds to trial. A straightforward misdemeanor case may resolve in two to four months. A felony case or a case that goes to trial may take six months to a year or longer.
Can a domestic violence conviction be expunged?
If you are convicted and successfully complete probation, you may be eligible to petition for expungement under California Penal Code Section 1203.4. Expungement can help with employment but does not restore firearms rights and may not fully address immigration consequences. We can advise you on your eligibility and options.
Contact Tu Defensor Criminalista Today — Free Consultation
Time is critical after a domestic violence arrest. Evidence must be preserved, witnesses must be identified, and your defense must begin immediately. The sooner you contact us, the stronger your defense will be.
We Defend Clients in All San Bernardino County Superior Court Locations
San Bernardino Justice Center — 247 West Third Street, San Bernardino, CA 92415
Rancho Cucamonga District — 8303 Haven Avenue, Rancho Cucamonga, CA 91730
Fontana District — 17780 Arrow Boulevard, Fontana, CA 92335
Victorville District — 14455 Civic Drive, Victorville, CA 92392
Joshua Tree District — 6527 White Feather Road, Joshua Tree, CA 92252
Barstow District — 235 East Mountain View Street, Barstow, CA 92311
Big Bear District — 477 Summit Blvd, Big Bear Lake, CA 92315
Needles District — 1111 Bailey Ave, Needles, CA 92363
Citations and References
U.S. Census Bureau — San Bernardino County QuickFacts: https://www.census.gov/quickfacts/fact/table/sanbernardinocountycalifornia/PST045224[1]
San Bernardino County Community Indicators — County Profile: https://indicators.sbcounty.gov/county-profile/[2]
San Bernardino County Community Indicators — Crime Rate: https://indicators.sbcounty.gov/safety/crime-rate[11]
California Department of Justice — OpenJustice, Domestic Violence-Related Calls for Assistance: https://openjustice.doj.ca.gov/exploration/crime-statistics/domestic-violence-related-calls-assistance[3]
San Bernardino County Children’s Network — Domestic Violence Awareness: https://cn.sbcounty.gov/campaigns/domesticviolence/[5]
Centers for Disease Control and Prevention (CDC) — About Intimate Partner Violence: https://www.cdc.gov/intimate-partner-violence/about/index.html[6]
CDC — National Intimate Partner and Sexual Violence Survey (NISVS): https://www.cdc.gov/nisvs/about/index.html[12]
San Bernardino County District Attorney’s Office — Domestic Violence Resources: https://da.sbcounty.gov/domestic-violence/[7]
San Bernardino County District Attorney’s Office — Law Enforcement Agencies: https://da.sbcounty.gov/law-enforcement-agencies/[10]
San Bernardino County District Attorney’s Office — Courts & Case Information: https://da.sbcounty.gov/courts-cases/[13]
Superior Court of California, County of San Bernardino — Locations: https://sanbernardino.courts.ca.gov/locations[8]
Superior Court of California, County of San Bernardino — Domestic Violence and Restraining Orders: https://sanbernardino.courts.ca.gov/divisions/family-law/domestic-violence-and-restraining-orders[9]
Public Policy Institute of California (PPIC) — Crime Trends in California: https://www.ppic.org/publication/crime-trends-in-california/[14]
San Bernardino Police Department: https://www.sanbernardino.gov/412/Police-Department[15]
Board of State and Community Corrections — San Bernardino County Data:https://www.bscc.ca.gov/assets/media/San-Bernardino.pdf[16]
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
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