What happens if I get arrested for domestic violence in Grass Valley?

After a domestic violence arrest in Grass Valley, you'll be taken to Nevada County Jail for booking. Here's the typical process:

• Booking: Fingerprints, photos, paperwork at Nevada County Jail
• Emergency Protective Order: The judge typically issues an EPO preventing contact with the alleged victim for 5-7 days
• Bail: Usually set according to the bail schedule ($50,000 for felony DV, $25,000 for misdemeanor DV, though amounts vary)
• Cannot go home: If the alleged victim lives there, you cannot return
• Arraignment: Your first court appearance, typically within 48 hours if you're in custody

At arraignment, the judge reads the charges, you enter a plea (typically not guilty), and the judge may extend the protective order. The prosecutor decides whether to file charges based on the police report and evidence.

Can domestic violence charges be dropped in California?

This is one of the most common questions, and the answer is: it's complicated. The alleged victim cannot drop charges—only the prosecutor can. However, charges CAN be dismissed or reduced in several situations:

• Alleged victim is uncooperative: If they refuse to testify or recant their statement, prosecution becomes difficult (though not impossible)
• Weak evidence: No injuries, no witnesses, no physical evidence beyond conflicting statements
• Inconsistencies: The alleged victim's story changes or contradicts other evidence
• Exaggeration: What was a verbal argument got reported as physical violence
• Self-defense: You were defending yourself from attack
• False accusation: Evidence shows the allegation was fabricated (common in custody disputes)

An experienced attorney negotiates with the prosecutor, presents evidence of these factors, and works to get charges reduced or dismissed. Even if charges aren't dropped entirely, reducing a felony to a misdemeanor or getting into a diversion program can avoid a conviction.

What are the penalties for first-time domestic violence in Nevada County?

Domestic violence penalties in Nevada County depend on the specific charge:

Domestic Battery (PC 243(e)(1)) - Misdemeanor:

• Up to 1 year in county jail (often probation for first offense)
• Fines up to $2,000 plus penalty assessments
• Mandatory 52-week batterer's intervention program
• Protective order (typically 3 years)
• Probation (typically 3 years)
• Possible community service

Corporal Injury to Spouse/Cohabitant (PC 273.5):

• Misdemeanor: Up to 1 year jail, fines up to $6,000
• Felony: 2, 3, or 4 years in state prison, fines up to $6,000
• Mandatory 52-week batterer's program
• Restitution to the victim for medical expenses, counseling, etc.
• Protective order
• Possible loss of gun rights

Important: First-time offenders may qualify for diversion programs or deferred entry of judgment, which can avoid a conviction entirely if successfully completed.

How do I get a domestic violence restraining order lifted in Grass Valley?

There are different types of protective orders with different durations:

Emergency Protective Order (EPO):

• Issued at the time of arrest by a judge
• Lasts 5-7 days
• Expires automatically unless replaced by a temporary restraining order
• Cannot be challenged during its short duration

Temporary Restraining Order (TRO):

• Requested by the alleged victim through civil court
• You have the right to a hearing within 21 days
• At the hearing, a judge decides whether to make it permanent (up to 5 years)
• You can contest it with an attorney presenting your side

Criminal Protective Order:

• Issued as part of the criminal case
• Can last throughout the case and for years after if convicted
• Can be modified if both parties agree and the judge approves
• An attorney can request modification to allow contact

Critical warning: Never violate a protective order, even if the alleged victim contacts you and says it's okay. Violating the order is a separate criminal charge (PC 273.6) with serious consequences. Wait until the order is legally lifted or modified.

Will I lose custody of my children after a domestic violence arrest?

A domestic violence arrest doesn't automatically terminate your parental rights, but it significantly affects custody and visitation:

Immediate impact:

• The protective order may prevent you from seeing your children if they live with the alleged victim
• You may be excluded from your home where your children live
• An attorney can request the order be modified to allow supervised visitation

Long-term custody implications:

• Family court considers DV arrests and convictions when determining custody
• California law presumes it's detrimental to award custody to someone with DV history
• You may need supervised visitation even after the criminal case resolves
• Completing a batterer's program and counseling helps rebut the presumption

Protecting your parental rights:

• Fight the criminal charges—a dismissal helps your custody case
• Complete all court-ordered programs voluntarily and promptly
• Document all attempts to see your children
• Get into counseling even before ordered to do so
• Maintain regular child support payments
• Work with both a criminal defense attorney and a family law attorney

First-time offenders who complete counseling, show rehabilitation, and have no further incidents can often regain significant custody rights over time.

What if the domestic violence accusation is false?

False domestic violence accusations are more common than most people realize. They often occur during:

• Custody disputes (to gain advantage in family court)
• Divorce proceedings (to get exclusive use of the home)
• Breakups (revenge, anger, manipulation)
• Arguments where one party calls police first to control the narrative

Defense strategies for false accusations:

• Inconsistencies in the story: Details change between the 911 call, police report, and later statements
• Lack of evidence: No injuries, no bruising, no torn clothing, no damage to property
• Witness testimony: Others present who contradict the allegation
• Evidence of motive: Pending custody case, recent breakup, financial disputes
• Text messages/emails: Communications showing a different story
• History of false accusations: Prior instances of fabricated claims
• Your injuries: Evidence you were the actual victim
• Recording evidence: Audio or video showing what really happened

An experienced attorney investigates thoroughly, interviews witnesses, subpoenas phone records, and builds a defense exposing the false accusation. Don't assume that "the truth will come out"—you need someone actively fighting for you.

What is the difference between domestic battery and corporal injury?

California has two main domestic violence charges with different elements and penalties:

Domestic Battery (PC 243(e)(1)):

• Any willful and unlawful touching in a harmful or offensive manner
• Applies to current/former spouses, cohabitants, dating partners, or co-parents
• No visible injury required
• Always charged as a misdemeanor
• Example: Pushing, shoving, grabbing, slapping with no visible marks

Corporal Injury to Spouse/Cohabitant (PC 273.5):

• Willfully inflicting a corporal injury resulting in a traumatic condition
• Requires visible injury (bruise, cut, swelling, etc.)
• Can be charged as misdemeanor or felony
• More serious charge with harsher penalties
• Example: Punch causing bruising, push causing injury, any act leaving marks

Why the distinction matters: PC 273.5 is more serious because it can be charged as a felony, carries longer prison sentences, and has more severe long-term consequences. An experienced attorney may be able to negotiate PC 273.5 down to PC 243(e)(1), or get PC 243(e)(1) reduced to simple battery (PC 242) which is not a domestic violence offense.

Can I get into a diversion program for domestic violence in Nevada County?

California offers limited diversion options for domestic violence, depending on the charges and circumstances:

Pretrial Diversion (PC 1001.95 - Misdemeanor Diversion):

• Available for certain misdemeanors (prosecutors have discretion)
• Complete counseling, classes, community service
• Charges dismissed upon successful completion
• No conviction on your record
• Not everyone qualifies—depends on case facts and prior record

Deferred Entry of Judgment (DEJ):

• You plead guilty but judgment is deferred
• Complete batterer's program, probation requirements
• Charges dismissed upon successful completion
• If you fail, the guilty plea is entered and you're convicted

Informal Diversion:

• Prosecutor may offer "informal" diversion
• Complete certain requirements before charges filed
• Charges not filed if you comply
• No court case, no conviction
• Rare for domestic violence but possible in weak cases

Who qualifies: Generally first-time offenders with no prior violence, relatively minor incidents, and where the alleged victim supports diversion. An attorney negotiates for diversion by presenting mitigating factors and arguing for rehabilitation over punishment.

What should I do if my partner wants to "drop the charges"?

This is a common situation, but it's important to understand how it actually works:

The alleged victim cannot drop charges:

• Once police are involved, the case belongs to the State of California
• Only the prosecutor can dismiss charges
• The alleged victim's wishes are considered but not controlling

However, the alleged victim's cooperation matters:

• If they refuse to testify, prosecution becomes much harder
• If they recant their statement, the case weakens significantly
• If they tell the prosecutor they don't want charges filed, it influences the decision
• Prosecutors can still proceed using the 911 call, police observations, photos, etc.

What to do:

• Do not contact them directly - This violates the protective order
• Have your attorney communicate with them - Your lawyer can speak with them or their attorney
• They can contact the prosecutor directly - The alleged victim can call the DA's office and express their wishes
• They can request dismissal in writing - A written statement helps your case
• Never pressure them - Any hint of coercion makes things worse

An experienced attorney works with the alleged victim (within legal boundaries) and presents their wishes to the prosecutor as part of negotiations for dismissal or reduced charges.