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Domestic Violence Attorney

Why You Need Domestic Violence Attorney

Acts of domestic violence are, unfortunately, more common than ever in Orange County, California, and throughout the US - but so also are false accusations of domestic violence, along with extreme exaggerations of what really happened during a recorded or alleged incident. It's easier than ever to accuse someone of domestic violence, and the consequences of a conviction are very severe.

Even when the allegations made against you are completely false, without a good domestic violence defense attorney fighting in your corner, you run great risk of being wrongfully convicted. But by availing yourself of the best possible legal help, you can win even seemingly unwinnable cases.

At Domestic Violence Attorney, we have extensive experience in all domestic violence defense practice areas and have a strong track record of winning the best possible outcome for our clients. We will know how to win your case!

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Examples of Domestic Violence Crimes In California

There is a wide range of different specific domestic violence crimes under California law. Some of these are misdemeanors and some felonies, but the majority of them are wobblers, which means thy can be charged as either misdemeanor or felony, depending on the details of the incident, the presence and severity of any bodily injury, and any previous criminal record of the defendant.

Although the total number of particular domestic violence violations is very great, we can look at here at least a basic overview of the most commonly charged "DV" allegations:

PC 273.5 covers the infliction of any form of bodily injury, even ever so slight, to another person who is a current or former intimate partner. The cause of the injury would have to be established by the prosecution beyond reasonable doubt as well as the relationship between the two people. This is a felony crime, with penalties ranging from 1 year in county jail to 4 years in state prison.

PC 243 concerns acts of battery when they are directed against an intimate partner as defined by California law. Assault is the attempt to batter, while battery occurs when actual physical contact is made - with or without physical injury inflicted as a result. Domestic battery is a misdemeanor, punishable by up to a year in jail and a $2,000 fine. But, if actual bodily injury occurred, then the felony crime corporal injury DV could also be charged.

PC 273 occurs whenever physical injury is inflicted on a child. It does not make reasonable child discipline illegal, but when children are treated cruelly or abused in the name of discipline or for any other reason, it is a crime. A first and unaggravated offense is generally a misdemeanor, but repeat and aggravated offenses can be felonies and get you up to 3 years in prison.

When someone willfully permits a child to be put into a dangerous situation or to be left in the care of someone else whom he/she knows has a history of child abuse or other violent crimes, that is an act of child endangerment. Normally, this is a misdemeanor, punishable by up to 6 months in jail, but it can become a felony if the child was put at risk of "great bodily injury."

Under PC 270, failing to provide proper care to a child, such as food to eat, clothes to wear, a safe place to live, and a decent education, is the crime of child neglect. The neglect has to be done willfully, rather than simply out of a lack of resources, to constitute child neglect. This is a misdemeanor, punishable by 1 year in jail and a $2,000 fine.

PC 368, elder abuse, occurs whenever someone 65 years old or older is abused physically, emotionally, financially, or through neglect or endangerment. Since they elderly are particularly vulnerable to abuse, the penalties are steeper than for many other instances of abuse. Misdemeanor elder abuse is punishable by a year in jail, while felony elder abuse is punishable by up to 4 years in prison.

PC 422 makes it illegal to issue threats of inflicting bodily harm on another person, or of committing another crime, when those threats are intended to incite fear in another person and were made in a credible manner (not as an off the cuff comment or "just blowing off steam," for example.) PC 422 is a misdemeanor offense in most cases, but it can be a felony in extreme cases.

PC 646.9 is California's anti-stalking law. It prohibits harassment or threatening of another person so that the victim is made to reasonably fear for his or her life, physical well being, or the safety of his or her family. As a misdemeanor, stalking can be punished by up to 1 year of jail time; as a felony, it's punishable by up to 3 years in state prison.

Under PC 591, it is illegal to cut a phone line or damage or destroy a phone line or phone equipment. The reason this law exists is because criminals often damage telephone lines to cut off means of communication so they can complete their crimes before the victim can call the police. Such actions are all too typical of domestic violence crime incidents. This crime can be a misdemeanor or a felony, depending on the circumstances of the case.

Under PC 601, trespassing can become "aggravated trespassing" when an individual first issues some form of criminal threat against another person and then, within thirty days' time, illegally enters the home/work place of the person threatened with intent to commit the act threatened. Aggravated trespass can be either misdemeanor/felony: it depends on the nature of the threats and if any actual harm was done, as well as on the defendant's past criminal record.

Sometimes, after a relationship breaks up, a crime called "revenge porn" is committed to cause stress and embarrassment to one's ex. Nude, porn pictures of the ex are posted online or otherwise distributed for others, usually a large number of people, to see. Revenge porn is banned under PC 647 as a misdemeanor and is punishable by up to 1 year in jail plus a $1,000 fine.

Posting harmful information about someone online as a means of harassment or sending such info via emails and the like is a crime under PC 653. This is like revenge porn except it's not using porn but other types of posts. It is a misdemeanor and can be punished by a $1,000 fine and a year in jail.

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Awards & Associations

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G. Cole Casey

Super Lawyers named Cole Casey as an outstanding lawyer with a high-degree of peer recognition and professional achievement. Only the top 5% in every state receive the honor of being named a Super Lawyer


Cole Casey is the only San Diego Attorney to be selected as a faculty for the National College for DUI Defense, and he is a Sustaining Member of the college as well. Cole Casey is the only San Diego attorneys EVER to speak at the National College's conferences.


Cole Casey is a member of California DUI Lawyers Association. He is also a former member of the Board of Directors and is a "Specialist Member".


The prestigious legal rating service AVVO has consistently given DUI San Diego, LLP a "Superb" rating.


Cole Casey received the distinguished honor of being named the Best of Bar in 2014, 2015 & 2016. Mr. Casey's peers selected him as one of the most outstanding attorneys in San Diego and recognized him for his efforts to champion his clients' cases.


National Trial Lawyers


Trial Skills University


Avvo Clients' Choice Award

Common Defense Strategies Against Domestic Violence Charges

There are many possible defense against domestic violence allegations, varying greatly based on the exact charge, the details of the alleged incident, the type of evidence and testimony the prosecution is relying on, and other factors. But here are some of the most common general defense strategies we use with great success at Domestic Violence Attorney:

Quite often, an injury allegedly caused by a domestic violence incident may really have occurred as a result of the plaintiff's own carelessness or otherwise have been accidental. It could have been an accident caused unintentionally by the defendant, but an accident cannot count as a crime, no matter how severe the injury.

In other cases, an injury may have been caused by someone else, not the defendant; or, they may even have been self-inflicted. It's sad to think someone would injure him or herself in order to blame it on another person, but in child custody battles and divorces, for example, this is not all that uncommon.

There are times when the alleged victim is actually the perpetrator, when the defendant was attacked or in imminent threat of receiving bodily harm at the hands of the "victim" and simply acted in self defense. It could also be that he/she acted in defense of a child present or of some other person.

Very commonly, false accusation of domestic violence are leveled out of anger, jealously, to win a child custody battle, or for some other reason. In fact, there are probably more fabricated domestic violence claims than for almost any other type of crime. We know how to uncover the truth, cross-examine witnesses, and clear your name.

We always fight first and foremost to win your case outright, but in some instances, where that is not possible, it may be wiser to seek a favorable plea deal. We only negotiate for a plea with your full knowledge and consent. We have well seasoned negotiation skills and know when and how to secure the best possible plea bargain.

Often, a domestic violence crime can get lowered to PC 602 criminal trespass or to PC 415 disturbing the peace in a plea deal. This can result in a much lighter sentence, the ability to avoid loss of gun rights, child custody rights, and immigration benefits, and in greater ability to find a good job post-trial.

Pre-trial diversion programs are also sometimes beneficial to the accused. They can qualify you for deferred entry of judgment which allows you to avoid a conviction on your criminal record in exchange for completing probation, a batterer's program, and certain other requirements. Not everyone qualifies for a diversion program, but if you do, it's much better than a conviction with a "regular sentence".

Domestic Violence In California

How Is "Domestic Violence" Defined Under California Law?
Possible Penalties for Domestic Violence in California
The Domestic Violence Allegation Process In California

About Domestic Violence Restraining Orders

California law makes it very easy for alleged domestic violence victims to get an "emergency restraining order," which is also called a protective order. They do not need to show that they have suffered any actual physical harm in order to apply, and they can apply in either civil/criminal court for the order.

The plaintiff does have to prove, however, that he/she is an immediate family member, relative, or intimate partner of the accused and that he/she has suffered abuse and/or threats of abuse. The abuse/threats can be directed against the person filing or against his/her child under the age of 18.

We at Domestic Violence Attorney can work to fight a petition for a restraining order against you, but if an order is put in place, that doesn't mean it has to be permanent either. Also, while a protective order is in place, be sure to abide by it because violating it would be a separate crime in itself.


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We can give you a free legal consultation and then attorney G. Cole Casey and others on our team can immediately get started working on your case! We are located in Orange County, CA, and serve the whole of Orange County, Los Angeles, and Southern California.


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What Is Our Reputation in Local, Orange County Communities?

We have built a strong local reputation over our many years of service in Orange County, CA, as the name you can trust in domestic violence defense. We develop longstanding relationships in local O.C., L.A., and Southern California neighborhoods and provide quick access to top legal defense for all.

Our past clients consistently give us high marks - and our customer satisfaction rates are always impressive. We get large percentages of new clients off referrals from past ones, which is a sure sign we're meeting and exceeding client expectations. And our online reviews on Yelp and elsewhere are overwhelmingly positive.

We offer you a free, no obligation domestic violence consultation anytime 24/7/365. Just call us today at 714-888-4833, and you can speak with an experienced domestic violence lawyer who will take the time to analyze your case and help you make an informed decision on what to do next.