Nevada County Domestic Violence Laws – A Quick Legal Guide
If you've been arrested for domestic violence in Nevada County, you're facing serious criminal charges that can affect your freedom, family relationships, employment, and future. This guide explains what you need to know about domestic violence laws in Nevada County, the charges you might face, potential penalties, and your legal options.
California defines domestic violence broadly as abuse committed against an intimate partner, spouse, cohabitant, former spouse, dating partner, co-parent, or family member. "Abuse" includes physical violence, threats, harassment, sexual assault, and even destroying personal property. Nevada County law enforcement and prosecutors take these charges seriously, often pursuing cases even when the alleged victim wants charges dropped.
Key Facts About Nevada County DV Cases
- Mandatory arrest: Officers must arrest someone when responding to domestic violence calls if probable cause exists
- Automatic protective orders: Courts issue protective orders immediately, preventing contact with the alleged victim
- No victim discretion: Only prosecutors can dismiss charges—the alleged victim cannot drop them
- Court location: Nevada County Superior Court at 201 Church Street, Nevada City handles all DV cases
- Serious consequences: Even first-time misdemeanors result in jail time, probation, mandatory classes, and permanent records
Domestic Violence Types of Charges
Nevada County prosecutors file different charges based on what allegedly happened. Understanding these charges helps you know what you're facing:
Penal Code 243(e)(1) – Domestic Battery
The most common domestic violence charge. Involves any unwanted touching of an intimate partner, even without injury. Examples include pushing, slapping, grabbing, or shoving during an argument.
Domestic Battery Details
- Type: Misdemeanor only
- Elements: Willful and unlawful touching that is harmful or offensive against an intimate partner
- Common scenarios: Heated arguments turning physical, blocking someone's path, grabbing phone or keys
- No injury required: Prosecutors don't need to prove visible injuries
Penal Code 273.5 – Inflicting Corporal Injury
More serious than domestic battery. Charged when physical force results in a "traumatic condition" (visible injury, even minor). Prosecutors use this charge when they have photos of bruises, scratches, redness, or swelling.
Corporal Injury Details
- Type: Wobbler (can be filed as felony or misdemeanor)
- Elements: Willfully inflicted corporal injury resulting in traumatic condition
- "Traumatic condition": Any wound or injury, internal or external, from physical force
- Common evidence: Photographs, medical records, 911 calls describing injuries
Penal Code 273d – Child Abuse
Charged when a child is allegedly injured or when children are present during domestic violence incidents. This charge significantly increases penalties and triggers Child Protective Services involvement.
Child Abuse Details
- Type: Wobbler (felony or misdemeanor)
- Applies when: Children are injured, present during violence, or exposed to domestic abuse
- CPS involvement: Automatic investigation into parenting and home environment
- Custody impact: Creates strong presumption against awarding custody
Penal Code 422 – Criminal Threats
Making threats to kill or seriously injure someone, causing them to fear for their safety. Often charged alongside physical domestic violence allegations.
Criminal Threats Details
- Type: Wobbler (felony or misdemeanor)
- Requirements: Specific threat to kill or seriously injure, victim reasonably feared for safety
- Common evidence: Text messages, voicemails, witnesses to verbal threats
- Strike offense: Felony conviction counts as serious strike under Three Strikes law
Penal Code 273a – Child Endangerment
Placing a child in danger, even if no injury occurs. Charged when children witness domestic violence or are present during dangerous situations.
Child Endangerment Details
- Type: Wobbler or straight misdemeanor depending on circumstances
- Applies when: Child exposed to danger, even without direct harm
- Examples: Fighting in front of children, driving recklessly with kids in car, drug use around minors
Penal Code 166(c)(1) – Violating Protective Order
Breaking a restraining order or protective order by contacting the protected person or going to restricted locations.
Protective Order Violation Details
- Type: Misdemeanor or felony depending on circumstances and priors
- Zero tolerance: Any contact violates the order, even if the alleged victim initiates it
- Examples: Phone calls, texts, social media messages, showing up at their home or work, using third parties to communicate
- Additional charges: Violation is a separate crime from the original DV charge
Penalties
Domestic violence convictions carry severe penalties that go far beyond the initial sentence. Here's what you face:
Jail and Prison Time
| Charge | Type | Custody Time |
|---|---|---|
| PC 243(e)(1) Domestic Battery | Misdemeanor | Up to 1 year county jail |
| PC 273.5 Corporal Injury (Misdemeanor) | Misdemeanor | Up to 1 year county jail |
| PC 273.5 Corporal Injury (Felony) | Felony | 2, 3, or 4 years state prison |
| PC 273d Child Abuse (Felony) | Felony | 2, 4, or 6 years state prison |
| PC 422 Criminal Threats (Felony) | Felony | Up to 3 years state prison |
Fines and Financial Penalties
- Base fines: $400 to $6,000 depending on the charge
- Penalty assessments: Multiply base fine by 4-5x (turns $1,000 fine into $4,000-$5,000 actual cost)
- Restitution: Pay for alleged victim's medical bills, counseling, lost wages, damaged property
- Batterer's program fees: $2,000-$3,000 for 52-week mandatory program
- Probation supervision fees: $50-$100 monthly for duration of probation
- Court costs and administrative fees
Total Financial Cost
Even a first-time misdemeanor domestic violence conviction typically costs $15,000-$25,000 when you add up all fines, fees, restitution, and program costs.
Mandatory Batterer's Treatment Program
Every domestic violence conviction requires completing a 52-week batterer's intervention program certified by the probation department:
- Weekly 2-hour classes for 52 consecutive weeks (one full year)
- Cannot skip classes—missed sessions result in probation violations
- Must pay approximately $40-$60 per class ($2,080-$3,120 total)
- Cannot use online programs or out-of-county providers
- May require drug/alcohol testing at additional cost
- Based on Duluth Model curriculum focused on power and control dynamics
Additional Penalties
- Probation: 3-5 years with strict conditions and regular check-ins
- Protective orders: No-contact orders lasting throughout case and often years after
- 10-year gun ban: Cannot own or possess firearms for 10 years (lifetime for felonies)
- Professional licenses: Suspension or revocation for teachers, nurses, doctors, lawyers, etc.
- Immigration consequences: Deportation for non-citizens, including green card holders
- Criminal record: Permanent conviction appearing on all background checks
- Custody presumption: Family courts presume custody to DV offender harms children
Will I Go to Jail?
Whether you serve jail time depends on several factors. Here's what determines your outcome:
Factors Affecting Jail Time
Factors Increasing Jail Likelihood:
- Prior criminal history, especially prior domestic violence convictions
- Serious injuries to alleged victim
- Weapon used during incident
- Children present or involved
- Strangulation or choking allegations
- Violating protective orders
- Taking case to trial and losing
Factors Reducing Jail Likelihood:
- First-time offender with no criminal record
- Minor charges (simple domestic battery)
- No significant injuries
- Early acceptance of responsibility
- Completing counseling before sentencing
- Strong family and employment ties
- Alleged victim supports leniency
Jail Time by Offense Type
First-Time Misdemeanor Domestic Battery (PC 243(e)(1))
Typical Outcome: Probation with no jail time if you qualify for diversion or accept plea deal early
Possible Outcomes:
- Best case: Pre-trial diversion resulting in dismissal after completing program
- Common case: Probation with suspended jail sentence (no actual jail if you comply with probation)
- Worst case: 30-90 days county jail plus probation
First-Time Misdemeanor Corporal Injury (PC 273.5)
Typical Outcome: 30-90 days county jail plus probation, but may get suspended sentence
Possible Outcomes:
- Best case: Reduced to domestic battery, probation only
- Common case: 30-60 days jail (may qualify for work release or weekends) plus 3 years probation
- Worst case: Full year in county jail
Felony Corporal Injury (PC 273.5)
Typical Outcome: State prison time likely unless reduced to misdemeanor
Possible Outcomes:
- Best case: Reduced to misdemeanor with probation and no prison
- Common case: Felony probation with 1 year county jail, or 2 years state prison with early release
- Worst case: 4 years state prison (plus enhancements if weapon or great bodily injury)
Second or Subsequent DV Conviction
Repeat domestic violence offenders face mandatory minimum jail sentences:
- Minimum 48 hours jail for second conviction within 7 years
- Minimum 30 days jail for third or subsequent conviction within 7 years
- Mandatory minimums cannot be suspended—you must serve the time
- Maximum penalties increase significantly (up to 3 years for misdemeanors)
Alternatives to Jail
Even when jail time is ordered, alternatives may be available:
- Work release: Serve jail time during non-work hours, maintain employment
- Weekend jail: Serve sentence on weekends over several months
- House arrest: Electronic monitoring at home instead of jail
- Suspended sentence: Jail time imposed but suspended if you complete probation successfully
- Community service: Additional community service hours in lieu of some jail time
Can I Get Probation?
Yes, probation is common for domestic violence cases, especially first-time offenders. Understanding how probation works helps you navigate the process.
Types of Probation in DV Cases
Misdemeanor (Summary) Probation
Standard for misdemeanor domestic violence convictions:
- Duration: Typically 3 years (can be up to 5 years)
- Supervision: Minimal supervision by probation department
- Check-ins: May not require regular meetings with probation officer
- Reporting: Must notify court if arrested or if contact info changes
Felony (Formal) Probation
Required for felony convictions when prison is suspended:
- Duration: Typically 3-5 years
- Supervision: Assigned probation officer with regular meetings
- Check-ins: Monthly or quarterly meetings required
- Home visits: Probation officer can search your home without warrant
- Jail condition: May include county jail time as condition of probation
Standard Nevada County DV Probation Conditions
Expect these conditions on probation for domestic violence:
Mandatory Conditions (Required by Law)
- Complete 52-week batterer's intervention program
- Pay all fines, fees, and restitution
- Comply with protective orders (no contact with victim)
- Do not commit new crimes
- 10-year firearm prohibition (surrender all guns and ammunition)
- Appear for all court dates
Common Additional Conditions
- Search and seizure: Submit to warrantless searches by probation or police
- Drug/alcohol testing: Random tests, breathalyzer tests, avoid alcohol entirely
- Counseling: Individual therapy, anger management, substance abuse treatment
- Community service: 40-120 hours community service
- Stay-away orders: Cannot go near victim's home, work, or school
- Travel restrictions: Cannot leave California without permission
- Employment: Maintain full-time employment or schooling
- Residence: Notify probation before changing address
What Happens If I Violate Probation?
Probation violations are serious. If you violate any condition, even technical violations like missing a class:
Probation Violation Process
- Warrant issued: Bench warrant for your arrest
- Arrest: Taken into custody
- Probation violation hearing: Judge determines if you violated probation
- Lower burden of proof: Prosecutor only needs "preponderance of evidence" not "beyond reasonable doubt"
- Sentencing: If found in violation, judge can impose original suspended sentence (jail or prison time)
Result: You could serve the maximum jail or prison time that was originally suspended when you were granted probation.
Can Probation Be Modified or Terminated Early?
Yes, in some circumstances:
- Early termination: After completing at least half of probation successfully, you can petition to terminate early
- Modification: Request changes to conditions (like allowing contact with victim if both parties want it)
- Requirements: Must show excellent compliance, completion of all programs, payment of all fines/restitution
- Benefits: Ends supervision early, allows record expungement sooner
Will There Be a Restraining Order?
Almost certainly yes. Protective orders (restraining orders) are standard in domestic violence cases. Understanding the different types helps you know what to expect.
Emergency Protective Order (EPO)
Issued Immediately at Arrest
Law enforcement requests EPOs from on-call judges immediately after domestic violence arrests:
- Duration: 5-7 days maximum
- No hearing required: Issued without your input or presence
- Automatic expiration: Expires automatically unless replaced
- Cannot be modified: No way to change or dismiss EPO early
- Standard terms: No contact whatsoever, stay 100 yards away, cannot return home
Critical: Violating EPO is immediate arrest and separate criminal charge. Do not contact alleged victim even if they contact you first.
Criminal Protective Order (CPO)
Issued by Criminal Court Judge
The judge handling your criminal case issues criminal protective orders at arraignment:
- Duration: Throughout entire criminal case, often extended for 3-10 years after conviction
- Standard terms: No contact (personal, electronic, through third parties), stay-away provisions, move-out orders
- Peaceful contact exception: Judge may allow "peaceful contact" if both parties request it
- Modification possible: Can request modifications through your attorney
- Common modifications: Allow contact for co-parenting, brief peaceful contact, return home
Civil Restraining Order (Domestic Violence Restraining Order - DVRO)
Filed by Alleged Victim in Family Court
Separate from criminal case, alleged victim can file for civil restraining order:
- Temporary restraining order (TRO): Issued immediately based on victim's written statement, no hearing
- Hearing: Scheduled within 15-22 days after TRO issued
- Your rights: Receive notice, can appear with attorney, present evidence, cross-examine alleged victim
- Permanent order: If granted, lasts up to 5 years (can be renewed)
- Standard terms: No contact, stay away from home/work/school, custody orders, move-out orders
Important: Civil restraining order hearing is your opportunity to contest allegations. Hire an attorney to defend against DVRO—it significantly impacts criminal case and custody.
What Do Protective Orders Prohibit?
Typical restraining order restrictions include:
- No contact: Cannot call, text, email, write letters, or contact through social media
- No third-party contact: Cannot ask friends or family to contact them on your behalf
- Stay away: Must stay at least 100 yards from protected person at all times
- Location restrictions: Cannot go to their home, workplace, school, or places they frequent
- Move-out orders: Must leave shared residence immediately, cannot return even to get belongings
- Child custody restrictions: May prevent contact with your own children if they live with protected person
- Firearm restrictions: Must surrender all guns and ammunition within 24 hours
Can Protective Orders Be Dropped or Modified?
Yes, but it requires court approval:
Modification Options
- Mutual request: If both parties want contact restored, attorney can request peaceful contact order
- Limited contact: Allow contact for co-parenting, brief interactions, or living together
- Stay-away modifications: Reduce distance requirements, allow both parties at children's events
- Dismissal: Alleged victim can request dismissal of civil restraining order
- Attorney required: Modifications require formal court motions and hearings
Critical Warning About Contact
NEVER initiate contact with the protected person, even if:
- They contact you first
- They invite you home
- They say they want to drop charges
- You need to discuss children or finances
- It's an emergency
Any contact violates the order and results in immediate arrest and new criminal charges. Only communicate after order is legally modified or dismissed.
Can I Keep My Guns?
No. Gun rights are one of the most serious consequences of domestic violence charges, and restrictions begin immediately upon arrest.
Immediate Firearm Restrictions
Upon Protective Order Issuance
When the judge issues a protective order (at arrest or arraignment):
- You must surrender all firearms and ammunition within 24 hours
- Must complete firearm surrender form and file proof with court
- Can surrender to law enforcement or licensed firearms dealer
- Cannot transfer guns to friends or family to "hold" them
- Failure to surrender is separate criminal offense
California Law: Protective orders automatically trigger 10-year firearm prohibition
Firearm Ban After Conviction
Federal Lifetime Ban
Any domestic violence conviction, even misdemeanors, triggers permanent federal firearms ban under 18 USC § 922(g)(9):
- Applies to: All domestic violence convictions, including misdemeanors
- Duration: Lifetime ban, no expiration
- Scope: Cannot own, possess, purchase, or transport firearms or ammunition
- Federal law: Applies nationwide regardless of state law
- No exceptions: Applies to law enforcement, military, and security personnel
- Nearly impossible to restore: Federal restoration extremely rare
California State Ban
California law imposes additional firearms restrictions:
- Misdemeanor DV: 10-year firearm ban from date of conviction
- Felony DV: Lifetime California firearm ban
- Protective orders: 10-year ban while order is in effect
- Probation: Cannot possess firearms during probation period
Penalties for Illegal Firearm Possession
Possessing firearms while prohibited results in serious additional charges:
- Federal offense: Up to 10 years federal prison for felon in possession
- California offense: Felony charges with 16 months to 3 years state prison
- Probation violation: Original suspended sentence imposed
- No defense: "I didn't know" is not a valid defense
What About Hunting Rifles or Family Heirlooms?
The ban applies to ALL firearms with no exceptions:
- No distinction between handguns, rifles, or shotguns
- Includes antique firearms and black powder guns
- Cannot possess ammunition of any type
- Cannot have firearms in your home even if owned by someone else
- Applies to crossbows in some jurisdictions
Employment Impact for Armed Professions
Firearm ban ends careers requiring weapons:
- Law enforcement: Cannot work as police officer, deputy, correctional officer
- Military: Disqualified from military service or discharge if currently serving
- Security: Cannot work armed security positions
- Private jobs: Many civilian jobs requiring firearms (armored transport, bodyguard, etc.)
Can Gun Rights Be Restored?
Limited Restoration Options
California 10-year ban:
- Automatically expires after 10 years for misdemeanor convictions
- Can petition for early restoration after probation completion
- Must show rehabilitation and good cause
Federal lifetime ban:
- Virtually impossible to restore
- Requires presidential pardon or act of Congress
- ATF stopped processing restoration applications
- Only option is conviction expungement, but this doesn't restore federal rights
Best approach: Fight the charges to avoid conviction in the first place
What Happens to My Child Custody?
Domestic violence charges devastate custody rights. California law presumes that awarding custody to a domestic violence offender harms children. Protecting your parental rights requires immediate legal action.
Immediate Custody Impact
Emergency Protective Order Effects
The moment a protective order is issued:
- No contact with children: If children live with alleged victim, protective order prevents all contact
- Cannot see children: No visits, phone calls, video chats, or messages
- School and activities: Cannot attend school events, sports games, or activities
- Pickup/dropoff: Cannot exercise scheduled visitation
- Duration: Lasts throughout criminal case unless modified by court
Family Code Section 3044 Presumption
California law creates powerful presumption against domestic violence offenders:
The Legal Presumption
Family Code § 3044 states: "There is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child."
This means:
- Family court judge must presume giving you custody harms your children
- Applies to arrests, pending charges, and convictions within past 5 years
- You bear burden of proof to overcome presumption
- Even if overcome, supervised visitation may be required
How to Overcome the Custody Presumption
To overcome the presumption and regain custody rights, you must prove:
Required Evidence
- Completed batterer's treatment program: Finish 52-week program or be currently enrolled
- Completed parenting class: Show commitment to being good parent
- Compliance with protective orders: Perfect record following all orders
- No additional violence: No new incidents or charges
- Substance abuse treatment: Complete treatment if drugs/alcohol involved
- Best interest of child: Prove continued contact with you benefits the children
Without meeting these requirements, family court will likely award sole custody to other parent with, at best, supervised visitation for you.
Types of Custody at Risk
Domestic violence charges affect both types of custody:
Legal Custody (Decision-Making)
- Right to make decisions about child's education, healthcare, religion, activities
- DV charges often result in sole legal custody to other parent
- You lose input on major life decisions affecting your children
Physical Custody (Living Arrangements)
- Where children live and when they're with each parent
- DV charges often result in sole physical custody to other parent
- Your visitation may be supervised, limited, or denied entirely
Supervised Visitation
When family court allows contact but has safety concerns:
- Professional supervision: Visit children only with paid supervisor present
- Cost: You pay $40-$100 per hour for supervised visits
- Limited time: Often just 2-4 hours per week
- Restrictions: Visits occur at supervision center, not your home
- Duration: May last months or years before restrictions lifted
- No overnight visits: Cannot have children sleep at your home
Strategic Approach to Protect Custody
Parallel Strategy Required
You need coordinated legal strategy across both criminal and family court:
Criminal Case Strategy:
- Fight charges aggressively to avoid conviction
- Seek dismissal or diversion programs
- Negotiate plea deals that minimize custody impact
- Request protective order modifications allowing child contact
Family Court Strategy:
- File for custody/visitation orders immediately
- Request temporary visitation pending criminal case resolution
- Complete parenting classes and counseling proactively
- Document your relationship with children
- Gather evidence showing you're good parent
Coordination:
- Evidence from criminal case helps family court case
- Timing matters—custody orders can influence criminal plea deals
- May need both criminal defense attorney and family law attorney
Long-Term Custody Consequences
Even after criminal case resolves, custody challenges continue:
- Conviction remains on record for custody considerations
- May need years of clean record to regain full custody
- Other parent can raise DV conviction in future custody disputes
- Affects custody in different relationships (future children with new partners)
- Can be used against you if you move to modify custody orders
Act Immediately
Every day without legal representation damages your custody case. File for visitation orders immediately and work with attorney to modify protective orders allowing child contact. The sooner you act, the better chance you have of maintaining relationship with your children.
Will I Be Deported?
If you're not a U.S. citizen, domestic violence convictions can result in deportation (removal from the United States). Immigration consequences are often more serious than the criminal penalties themselves. I do not practice immigration law, but as your criminal defense attorney, I'm required to advise you of potential immigration consequences and coordinate with an immigration attorney.
Critical Immigration Warnings for Non-Citizens
Who is at risk: Legal permanent residents (green card holders), visa holders, DACA recipients, asylum seekers, and anyone without U.S. citizenship can face deportation from DV convictions.
Deportable offenses include:
- Crimes of domestic violence (even misdemeanors)
- Child abuse, neglect, or endangerment
- Stalking
- Violation of protective orders
- Certain crimes of moral turpitude
Process: After conviction, ICE may place a detainer and transfer you to immigration detention. Removal proceedings follow in immigration court.
Padilla v. Kentucky Requirement
Under U.S. Supreme Court precedent, your criminal defense attorney must advise you of immigration consequences before you accept any plea deal.
Critical points:
- Some plea deals trigger automatic deportation while others may not
- Minor differences in charges can have massive immigration consequences
- Even suspended sentences count for immigration purposes
- Diversion programs that avoid criminal conviction may still trigger immigration consequences
You need both a criminal defense attorney AND an immigration attorney working together. Never accept a plea deal without consulting an immigration attorney first.
Protecting Your Immigration Status
Best approach: Fight the criminal charges aggressively. Dismissal or acquittal eliminates deportation risk.
If you're not a U.S. citizen facing DV charges:
- Tell your criminal defense attorney immediately that you're not a citizen
- Hire an immigration attorney to work alongside your criminal attorney
- Get written analysis of immigration consequences before accepting any plea
- Understand that going to trial may be worth the risk if conviction means certain deportation
I will coordinate your criminal defense strategy with your immigration attorney to protect both your freedom and your immigration status. However, you must retain separate immigration counsel for immigration-specific advice and representation.
Domestic Violence-Related Charges in Nevada County
Prosecutors often file additional charges alongside domestic violence allegations. Understanding related charges helps you comprehend the full scope of what you're facing:
Sexual Assault and Rape (Penal Code 261, 243.4)
- Forced sexual contact with intimate partner
- Serious felonies with decades of prison time
- Require sex offender registration
- Often falsely alleged during custody disputes
Stalking (Penal Code 646.9)
- Repeated unwanted contact causing reasonable fear
- Includes following, showing up at home/work, constant calls/texts
- Can be misdemeanor or felony
- Often charged when protective order violations occur
Burglary (Penal Code 459)
- Entering home you used to live in with intent to commit domestic violence
- Serious felony even if you have key
- Strike offense under Three Strikes law
- 2-6 years prison
Kidnapping (Penal Code 207, 209)
- Preventing partner from leaving during argument
- Taking children without permission during separation
- Extremely serious—can be life sentence
- Often overcharged in DV situations
False Imprisonment (Penal Code 236)
- Restraining someone's movement against their will
- Examples: blocking door, taking phone, holding arm
- Can be misdemeanor or felony
- Common add-on charge in DV cases
Vandalism (Penal Code 594)
- Damaging partner's property during argument
- Breaking phone, punching holes in walls, damaging vehicle
- Can be misdemeanor or felony depending on damage amount
Disturbing the Peace (Penal Code 415)
- Loud arguments, fighting in public
- Common reduction from domestic violence charges
- Misdemeanor not classified as domestic violence
- Doesn't trigger firearm ban or custody presumption
Simple Battery (Penal Code 242)
- Unwanted touching without intimate partner element
- Another common reduction from domestic battery
- Misdemeanor without DV consequences
- Preferable outcome in plea negotiations
How Can a Lawyer Help?
Facing domestic violence charges without an attorney is dangerous. Here's how experienced legal representation makes the difference:
Immediate Action and Damage Control
First 48 Hours Are Critical
An attorney takes immediate action to protect your rights:
- Bail hearing representation: Argue for release on own recognizance or reduced bail
- Protective order modification: Request changes allowing child contact or return home
- Evidence preservation: Gather witness statements, photos, texts before they disappear
- Prevent self-incrimination: Stop you from making statements that hurt your case
- Coordinate family law: Begin custody filings to protect parental rights
Investigation and Evidence Gathering
Your attorney conducts thorough investigation:
- Interview witnesses who support your version of events
- Obtain surveillance footage, Ring camera videos, security recordings
- Collect text messages, emails, social media posts contradicting allegations
- Photograph your injuries if you were victim of mutual combat or false accusation
- Subpoena medical records, 911 calls, police dispatch recordings
- Hire expert witnesses: medical professionals, forensics specialists, psychologists
- Investigate alleged victim's history of false accusations or violence
Challenging the Prosecution's Case
Experienced attorneys identify weaknesses in prosecutor's evidence:
Common Defense Strategies
Attack Witness Credibility
- Expose inconsistencies in alleged victim's statements
- Show motive to lie (custody, property, revenge)
- Present contrary witness testimony
- Demonstrate alcohol/drug impairment affecting memory
Challenge Evidence
- File motions to suppress illegally obtained evidence
- Exclude unreliable statements and hearsay
- Challenge medical evidence and injury causation
- Question police procedures and report accuracy
Assert Affirmative Defenses
- Self-defense: you were protecting yourself from attack
- Defense of others: protecting children or third parties
- Accident: injury occurred unintentionally
- False accusation: present evidence proving allegations fabricated
Negotiating With Prosecutors
Skilled negotiation achieves better outcomes than self-representation:
Favorable Resolutions
- Dismissal: Get charges dropped entirely
- Pre-trial diversion: Complete program, charges dismissed, no conviction
- Reduced charges: Felony reduced to misdemeanor, DV charge reduced to non-DV offense
- Probation instead of jail: Avoid custody time
- Modified protective orders: Allow family contact and return home
- Immigration-safe pleas: Structure deals avoiding deportation for non-citizens
Trial Representation
When negotiation fails, experienced trial attorneys provide:
- Jury selection techniques to seat favorable jurors
- Opening statements framing your defense
- Cross-examination exposing weaknesses in prosecution witnesses
- Presentation of defense witnesses and evidence
- Expert witness testimony supporting your defense
- Closing arguments creating reasonable doubt
- Jury instructions favorable to defense
Protecting Related Interests
DV cases impact multiple areas of your life. Attorneys coordinate strategy across:
Comprehensive Representation
- Family law: File custody petitions, fight restraining orders in family court
- Employment: Work with HR to minimize job impact, respond to professional licensing boards
- Immigration: Coordinate with immigration attorneys for non-citizens
- Gun rights: Pursue restoration of firearms rights when possible
- Expungement: Clean up record after case concludes
Nevada County Court Experience
Local attorneys provide specific advantages in Nevada County:
- Know the judges: Understand each judge's approach to DV cases and sentencing philosophy
- Know the prosecutors: Established relationships and understanding of negotiation styles
- Know the system: Familiar with local court procedures, clerk's office, probation department
- Know what works: Experience with which defenses succeed in Nevada County
- Community understanding: Appreciate small-town dynamics affecting cases
Cost vs. Consequences
Legal representation costs money, but consequences of conviction cost far more:
What's At Stake
Attorney fees: $5,000-$25,000 depending on case complexity
Cost of conviction:
- Jail time: loss of income, potentially losing job
- Criminal fines and fees: $15,000-$25,000
- Lost career opportunities: reduced lifetime earnings
- Custody: supervised visitation costs, lost time with children
- Immigration: losing legal status, family separation
- Permanent record: affecting background checks forever
Investing in defense is investing in your future.
Don't Face Domestic Violence Charges Alone
Over 25 years defending DV cases in Nevada County Superior Court. Free consultation to discuss your case and options.
Call (530) 265-0186 NowYour Rights and Next Steps
If you've been arrested or charged with domestic violence in Nevada County, you have rights. Understanding these rights and taking immediate action protects your future.
Your Constitutional Rights
- Right to remain silent: Do not discuss the case with anyone except your attorney
- Right to attorney: You have right to legal representation
- Right against self-incrimination: Cannot be forced to testify against yourself
- Right to confront accusers: Can cross-examine alleged victim at trial
- Right to jury trial: Can demand jury trial for all charges
- Presumption of innocence: Prosecution must prove guilt beyond reasonable doubt
What to Do Right Now
Immediate Action Steps
- Stop talking: Do not discuss case with anyone except attorney—not police, not alleged victim, not friends or family
- Hire attorney: Contact experienced DV defense lawyer immediately
- Preserve evidence: Save all texts, emails, voicemails, photos relevant to your defense
- Document everything: Write down exactly what happened while memory is fresh
- Identify witnesses: List everyone present who can support your version
- Follow protective order: Comply 100% with all protective order terms
- Stay out of trouble: Any new arrests devastate your case
What NOT to Do
Critical Mistakes to Avoid
- Don't contact alleged victim: Even if they contact you first—this violates protective orders
- Don't discuss case on social media: Prosecutors monitor Facebook, Instagram, Twitter
- Don't talk to police without attorney: You cannot talk your way out of charges
- Don't destroy evidence: Deleting texts or photos is obstruction of justice
- Don't ignore court dates: Missing court results in warrant and additional charges
- Don't delay hiring attorney: Evidence disappears quickly
Timeline: What to Expect
Understanding the court process helps you prepare:
Nevada County DV Case Timeline
- Arrest: Taken to Nevada County Jail, booked, EPO issued
- Arraignment (48 hours to 2 weeks): First court appearance, charges filed, protective order issued, plea entered
- Pretrial conferences (2-6 months): Attorney negotiates with prosecutor, files motions, investigates case
- Preliminary hearing (felonies only, 10-60 days): Judge determines sufficient evidence for trial
- Resolution (3-12 months): Case resolves through dismissal, plea deal, or trial
- Trial (if necessary, 6-18 months): Jury trial lasting 3-10 days
- Sentencing (if convicted): Judge imposes sentence