What You're Dealing With Right Now
You've been released from Nevada County Jail with paperwork that's probably overwhelming. Here's what you need to understand immediately:
The Emergency Protective Order
You've almost certainly been served with an Emergency Protective Order (EPO) that prohibits you from:
- Returning to your home if the alleged victim lives there
- Having any contact with the alleged victim—no calls, texts, emails, or messages through friends
- Going near their workplace, school, or other places they frequent
- Possessing firearms
This order is in effect for 5-7 days and expires automatically. However, the alleged victim may seek a temporary restraining order that lasts much longer. Violating any protective order—even if the alleged victim initiates contact—is a separate criminal charge that will make your situation much worse.
Your Court Date at 201 Church Street
Your paperwork lists an arraignment date at Nevada County Superior Court, 201 Church Street, Nevada City. This is your first court appearance, typically within 2-3 weeks if you posted bail (or within 48 hours if you're still in custody).
At arraignment:
- The judge reads the charges against you
- You enter a plea (typically "not guilty" to preserve all options)
- The judge sets bail conditions if you're in custody
- The protective order may be extended beyond the initial 5-7 days
- Your next court date is scheduled
Good news: If you have an attorney, you usually don't need to attend the arraignment in person—your attorney can appear for you. This is especially important if you want to avoid being seen at the courthouse by the alleged victim or community members.
If You Have Children
The protective order's impact on your relationship with your children depends on what the order says specifically. Look for a section that addresses children:
- No-contact with children: You cannot see them until the order is modified
- Peaceful contact allowed: You can see your children but not the other parent
- Silent on children: The order may not mention children at all
An attorney can request an emergency hearing to modify the protective order to allow supervised visitation with your children. This is especially critical if you're the primary caregiver or have regular custody time. Don't wait—your parental rights need immediate protection.
Why a Local Nevada City Attorney Matters
My office is located at 305 Railroad Avenue, Suite 5—a short walk from the courthouse at 201 Church Street. This local presence provides real advantages:
- Easy meetings: Come to my office before or after your court appearances
- Quick courthouse access: I can get to the courthouse in minutes for emergency hearings
- Know the judges: I appear regularly at 201 Church Street and understand each judge's approach to DV cases
- Know the prosecutors: Regular interaction with the Nevada County DA's office means I know their policies and negotiation styles
- Community understanding: I live and work in Nevada City—I understand the small-town dynamics and how cases affect your life here
Common Questions About Domestic Violence in Nevada City
Where is Nevada County Superior Court for domestic violence cases?
All domestic violence cases from Nevada City, Grass Valley, and western Nevada County are heard at:
Nevada County Superior Court
201 Church Street
Nevada City, CA 95959
The courthouse is in downtown Nevada City, just off Broad Street. Parking is available on the street (metered) or in the public lot on Broad Street near the post office.
Court hours: 8:00 AM - 4:00 PM, Monday through Friday
My office at 305 Railroad Avenue, Suite 5 is about a 3-minute walk from the courthouse, making it easy to meet before your court appearances and handle any last-minute issues that arise.
What is a batterer's intervention program in California?
If you're convicted of domestic violence in California, the court will order you to complete a 52-week batterer's intervention program (also called batterer's treatment program or domestic violence classes). Here's what you need to know:
Program requirements:
- 52 weekly group sessions (about 1 year)
- Each session is typically 2-3 hours
- Must be certified by Nevada County Probation Department
- Topics include: accountability, non-violent communication, healthy relationships, recognizing warning signs
- Cost: typically $25-50 per session (about $1,300-$2,600 total)
Attendance rules:
- Cannot miss more than 3 sessions in the entire 52 weeks
- Must arrive on time and stay for the full session
- Must participate actively in discussions
- Program reports your attendance to probation and the court
Completion requirements:
- You must complete the program to satisfy probation
- Completion often required before protective orders can be lifted
- Failure to complete can result in probation violation and jail time
Nevada County has several approved programs. Your attorney can help you enroll in one that fits your schedule and is accepted by the court.
Can I be charged with domestic violence if there were no injuries?
Yes, absolutely. This is one of the most misunderstood aspects of California domestic violence law.
Domestic Battery (PC 243(e)(1)) does not require injuries:
- Any harmful or offensive touching is sufficient
- Pushing, shoving, grabbing, restraining someone
- Throwing objects at someone (even if they miss)
- Blocking someone from leaving a room
- Any unwanted physical contact
Why this matters:
- You can be convicted based solely on the alleged victim's testimony
- No bruises, cuts, or marks are required
- Many domestic violence cases are "he said, she said" with no physical evidence
- This makes credibility and witness testimony crucial
Different charge if injuries exist:
If visible injuries occurred (bruising, cuts, swelling), prosecutors typically charge Corporal Injury to Spouse/Cohabitant (PC 273.5) instead. This is more serious and can be filed as a felony. The distinction between these charges significantly affects potential penalties.
An experienced attorney challenges cases with no physical evidence by: exposing inconsistencies in testimony, presenting your version of events, showing motive to fabricate, and demonstrating reasonable doubt.
What happens at a restraining order hearing in Nevada City?
If the alleged victim requests a restraining order, you'll have a hearing at the courthouse at 201 Church Street within 21 days. Here's what to expect:
Before the hearing:
- The alleged victim (petitioner) was granted a temporary restraining order (TRO) that's already in effect
- You receive notice of the hearing date and a copy of their petition
- You can file a response explaining your side
- You should prepare evidence: texts, emails, photos, witness statements
At the hearing:
- Both parties testify under oath before a judge (no jury)
- The petitioner presents their case first
- You present your defense and can question their claims
- You can call witnesses who saw the incident or know the relationship
- The judge decides based on "preponderance of evidence" (more likely than not)
- Hearings typically last 15-45 minutes depending on complexity
Possible outcomes:
- Order granted: Restraining order issued for up to 5 years
- Order denied: TRO expires and no further restrictions
- Modified order: Some restrictions continue but others are lifted
Why you need an attorney:
- Prepares your testimony to present your case effectively
- Cross-examines the petitioner to expose weaknesses
- Presents evidence in the proper legal format
- Objects to improper evidence or testimony
- Argues legal points about the sufficiency of evidence
Restraining order hearings are separate from your criminal case, but losing the hearing can hurt your criminal defense. Having an attorney at both proceedings protects you on both fronts.
Do I have to go to jail for domestic violence in Nevada County?
Not necessarily—many first-time domestic violence defendants in Nevada County avoid jail time, especially for misdemeanor cases. Here's what determines jail time:
Factors that reduce likelihood of jail:
- First offense with no prior criminal record
- No injuries or minor injuries
- No weapons involved
- No children present during the incident
- Willingness to complete counseling voluntarily
- Strong ties to the community (job, family, residence)
- Acceptance into a diversion program
Factors that increase likelihood of jail:
- Prior domestic violence convictions
- Significant injuries requiring medical treatment
- Strangulation or suffocation (PC 273.5(a))
- Children present during the incident
- Use of weapons
- Violation of prior protective orders
- Alcohol or drug involvement
Typical outcomes for first-time misdemeanor DV:
- Probation (3-5 years) instead of jail
- 52-week batterer's program
- Fines and fees
- Protective order
- Community service
Diversion programs:
First-time offenders may qualify for diversion programs that avoid conviction entirely if successfully completed. An attorney negotiates for diversion by presenting mitigating factors and arguing you deserve a second chance.
How long does a domestic violence case take in Nevada County?
Domestic violence cases in Nevada County typically take 3-6 months from arrest to resolution, though timelines vary based on several factors:
Typical timeline:
- Arrest and release: Day 1
- Emergency protective order: Issued immediately, lasts 5-7 days
- Arraignment: Within 48 hours if in custody, or 2-3 weeks if out on bail
- Pre-trial conferences: Every 4-6 weeks as your attorney negotiates with the prosecutor
- Restraining order hearing: Within 21 days if one is requested
- Resolution: Most cases resolve within 3-6 months through plea negotiations
Cases that resolve faster (2-4 months):
- Alleged victim is uncooperative and prosecutors dismiss
- Weak evidence leads to quick dismissal or reduction
- Defendant accepts early plea offer
- Acceptance into diversion program
Cases that take longer (6-12+ months):
- Felony charges requiring more investigation
- Cases going to trial (12-18 months)
- Multiple continuances due to victim availability
- Complex custody issues requiring family court coordination
Throughout this time, you're typically out of custody on bail or on your own recognizance. Your attorney handles most court appearances, so you can continue working and living your life while the case progresses.
What if we both want to reconcile and drop the case?
This is extremely common—many couples want to reconcile and resume their relationship. However, the legal system doesn't make it easy:
Important reality:
- The alleged victim cannot "drop" the charges—only the prosecutor can
- Once police are involved, the State of California is the victim, not your partner
- Prosecutors often proceed even when the alleged victim doesn't want to
- The protective order remains in effect regardless of what both parties want
However, the alleged victim's cooperation matters significantly:
- If they refuse to testify, prosecution becomes very difficult
- If they recant their statement, the case weakens substantially
- If they tell the prosecutor they don't want charges filed, it influences the decision
- Their refusal to cooperate is often the single biggest factor in dismissals
The right way to reconcile:
- Never contact them directly while the protective order is in effect—this violates the order and creates new charges
- Have your attorney communicate with them or their attorney
- They can contact the prosecutor directly to express their wishes
- Request order modification through your attorney to allow contact
- Both parties attend counseling to address underlying issues
Nevada County prosecutors' approach:
Nevada County DA's office considers the alleged victim's wishes but also looks at: injury severity, prior incidents, children present, defendant's criminal history, and whether the relationship appears coercive. Cases with strong evidence and serious violence proceed even without victim cooperation.
An experienced attorney presents the victim's wishes to the prosecutor while addressing their concerns about safety and coercion. This is a delicate negotiation that requires understanding local prosecutor policies.
Defense Strategies That Work in Nevada City
Having defended domestic violence cases in Nevada County Superior Court for over 25 years, I've learned which defenses are most effective with local judges and prosecutors:
Expose Inconsistencies in the Alleged Victim's Story
Many domestic violence cases rely entirely on the alleged victim's testimony. If their story changes between the 911 call, police interview, and court testimony, these inconsistencies create reasonable doubt:
- Compare the 911 call recording with police report
- Note differences between written statement and later testimony
- Identify details that contradict physical evidence
- Show timeline impossibilities
Self-Defense and Defense of Others
You have the right to defend yourself from attack. If you were protecting yourself or your children, you're not guilty of domestic violence:
- Document your injuries (even minor ones)
- Show history of violence by the alleged victim
- Present witness testimony about who was the aggressor
- Demonstrate you used only necessary force
Lack of Physical Evidence
Cases with no injuries, no property damage, no torn clothing, and no independent witnesses often come down to credibility:
- Police photos showing no injuries
- No 911 call reporting immediate danger
- No neighbors heard anything
- Medical records showing no treatment sought
Custody Battle Motivation
False domestic violence accusations are common during custody disputes because:
- DV accusations give advantage in family court
- The accusing parent gets exclusive use of the home
- Protective orders limit the other parent's access to children
Evidence of custody motivation includes: recent filing of custody paperwork, timing of accusation (right before custody hearing), inconsistencies suggesting fabrication, and history of using children as leverage.