Domestic Violence Defense Lawyer in Riverside

Charged with Domestic Violence? Get a Free Case Evaluation Now.

A domestic violence arrest can leave you facing criminal penalties, court orders, and uncertainty about what comes next. At The Law Offices of Ty Martinez, we provide Riverside residents with aggressive court representation backed by more than 40 years of combined experience. We explain the charges, defense process, and realistic potential outcomes so you can make informed decisions about your case.

Call (888) 464-1038 to request your free case evaluation and discuss your next steps with a Riverside domestic violence attorney.

California Domestic Violence Charges

California domestic violence cases can involve different charges depending on the alleged conduct, the relationship between the people involved, and whether an injury occurred. Two common charges arise under Penal Code section 243(e)(1) and Penal Code section 273.5.

Domestic Battery

Penal Code section 243(e)(1) defines a misdemeanor involving willful harmful or offensive touching. The prosecution doesn’t need to prove that the alleged contact caused a visible injury. The statute covers allegations involving a spouse, former spouse, cohabitant, former cohabitant, parent of a child, fiancé or fiancée, or current or former dating partner.

Corporal Injury

Penal Code section 273.5 applies when someone is accused of willfully inflicting an injury that results in a traumatic condition. A traumatic condition is an internal or external wound or injury, whether minor or serious, including an injury caused by strangulation or suffocation. Covered relationships include spouses, former spouses, cohabitants, former cohabitants, fiancés, dating partners, and parents of a child.

What Are the Penalties?

California law defines domestic violence or abuse as intentionally or recklessly causing or attempting to cause bodily injury or sexual assault to someone with whom you have a domestic relationship.

These individuals can include:

• Spouse or former spouse
• Roommate or former roommate
• Parent of your child
• Someone you’re currently or were formerly dating
• Family members

The penalties depend on the severity of the offense. A misdemeanor conviction can result in fines, counseling, community service, and up to one year in jail. A conviction under Penal Code section 243(e)(1) carries up to one year in county jail, a fine of up to $2,000, or both.

A violation of Penal Code section 273.5 is a wobbler, meaning it can be prosecuted as a misdemeanor or felony. A felony conviction carries a state prison term of two, three, or four years and a fine of up to $6,000. A qualifying prior conviction within seven years increases the fine to as much as $10,000, and a prior conviction for certain other domestic violence offenses can also raise the potential felony term to two, four, or five years. The charge and sentence depend on the specific allegation, injury evidence, and criminal history.

Because the potential penalties depend on the charge and circumstances, legal guidance is essential when evaluating your options.

What Happens After a Domestic Violence Arrest in Riverside?

California law allows a warrantless arrest when an officer has probable cause to believe a domestic violence offense occurred. Law enforcement policies encourage arrest under those circumstances, so officers assess the parties’ statements and physical evidence, including reported history and indications of self-defense.

Protective Orders & Arraignment

An emergency protective order issued after an arrest is a short-term order restricting contact or conduct. The arrested person must be brought before a judge within 48 hours, excluding Sundays and holidays. At the arraignment, the judge advises the defendant of the charges, addresses release conditions, and may replace the emergency order with a full no-contact or peaceful-contact criminal protective order.

Domestic violence arraignments are handled through the Riverside Superior Court criminal division. Violating a criminal protective order is a separate crime, so you must follow every term unless the court modifies or terminates the order.

Pretrial Proceedings & Resolution

After arraignment, the defense can review the prosecution’s evidence, investigate the accusation, file appropriate motions, and negotiate with the District Attorney. In a felony case, the defendant has a right to a preliminary hearing within 10 court days of arraignment, subject to applicable legal procedures. At that hearing, the prosecution must present enough evidence for the case to proceed toward trial.

A case can conclude through dismissal, a negotiated resolution, or trial, depending on the evidence and procedural history. We explain the realistic possibilities and potential outcomes without presenting an unlikely scenario as an expected result.

Defense Issues in Domestic Violence Cases

These allegations require a close review of what happened before, during, and after the reported incident. Our domestic violence attorneys in Riverside tailor each defense to the circumstances rather than treating every accusation the same.

Issues that can affect a defense include:

• Accidental contact: The misdemeanor offense requires willful touching, while section 273.5 requires a willfully inflicted injury.
• Self-defense: Officers are directed to consider self-defense and the history of abuse when identifying the dominant aggressor.
• False or inconsistent accusations: Conflicting accounts and changes in a witness’s description can affect how the evidence is evaluated.
• Documented evidence: Recordings, photographs, messages, witness statements, and injury documentation can provide context for the allegation.

Attorney Ty Martinez has a 9.1 Superb rating on Avvo. We draw on our experience to evaluate the evidence, identify realistic defense possibilities, and provide direct guidance at each stage of the criminal process.

Information About Domestic Violence Cases

The District Attorney decides whether to file or continue a domestic violence prosecution. A case can proceed even when the accuser recants or doesn’t want to cooperate. Criminal protective orders can also restrict contact, affect living arrangements, and create separate criminal exposure if they’re violated.

Court Orders & Allegations Involving Children

Restraining Orders 
You must abide by any restraining order with which you have been served. Violating an order is a criminal offense and can result in severe penalties. We can work to have the order modified or prevent it from being issued.

Child Endangerment 
In domestic violence cases, the court considers how the situation affects any marital children. Child endangerment can figure prominently in the evaluation of a restraining order or order of protection.

Child Abuse 
Child abuse is one of the more serious domestic violence offenses. It’s a wobbler, which means the circumstances can support either a misdemeanor or felony charge. Threats against a child may result in a misdemeanor charge, while serious injuries may lead to a felony charge.

Other Related Allegations

Disorderly Conduct 
A law enforcement officer who sees you disturbing the peace or disrupting public safety may arrest you for disorderly conduct. Under section 647 of the state penal code, public intoxication, loitering, soliciting, and panhandling can support a misdemeanor conviction, while disturbing the peace and trespassing are charged under separate penal code sections. Learn more about what constitutes disorderly conduct.

Spousal Abuse 
Physical abuse against a spouse, ex-spouse, or cohabitant can result in misdemeanor or felony charges. An allegation of physical contact may support a misdemeanor charge, while serious injuries may lead to a felony charge.

Stalking 
In California, stalking is defined as harassing or threatening another individual to the point that the person fears for their safety or the safety of family members. The penalties depend on whether the offense is prosecuted as a misdemeanor or felony.

Trespassing 
Entering another person’s property without permission or the right to do so can lead to an arrest for trespassing. The allegation may also be linked to a stalking charge and result in a restraining order.

Kidnapping 
For a non-custodial parent, a kidnapping charge can arise from a miscommunication or misunderstanding. Picking up your child from school without the custodial parent’s permission can lead to this allegation.

Assault 
Battery and assault can become prominent issues in a domestic violence case. Whether the accusation involves actual physical contact or verbal threats of physical violence can make the difference between a misdemeanor and felony charge.

Call Today to Schedule Your Free Initial Consultation!

Facing a domestic violence charge in Riverside, CA? Contact The Law Offices of Ty Martinez today to request a free initial consultation about your defense.