A domestic violence conviction in California can send you to jail, take away your guns, limit time with your children, and follow you on your record for years. If you are facing charges in Rancho Cucamonga, the sooner you act, the more options you keep.
The team at My Rights Law can review your case today and start building a defense. Call our California domestic violence lawyers now at (909) 330-3880.
A domestic violence conviction in California can bring jail or prison time, fines, probation, mandatory counseling, restraining orders, the loss of gun rights, and lasting harm to your job, your custody rights, and your immigration status.
Because these penalties reach almost every part of your life, the way your case is handled from the start truly matters.
| Consequence | Misdemeanor | Felony |
| Custody (jail/prison) | Up to 1 year in county jail | 2, 3, or 4 years in state prison |
| Maximum fine | Up to $2,000 (§ 243(e)(1)) | Up to $6,000 (§ 273.5) |
| Probation | Summary, 1 to 3 years | Formal, 3 to 5 years |
| Gun rights | 10-year California ban | Lifetime ban |
| Record | Stays unless dismissed | Stays unless dismissed |
Two laws drive most cases.
Under California Penal Code § 243(e)(1), domestic battery is a misdemeanor even when no injury happens.
Under California Penal Code § 273.5, causing a visible injury to a partner is a "wobbler" that prosecutors can charge as a misdemeanor or a felony.
A misdemeanor conviction can bring up to one year in county jail. A felony conviction under California Penal Code § 273.5 can bring two, three, or four years in state prison. Serious injuries can add even more time.
A domestic battery conviction can carry a fine of up to $2,000, while a felony corporal injury conviction can carry a fine of up to $6,000. Court fees and assessments often push the true cost much higher.
Many people receive probation instead of custody, but probation comes with strict rules you must follow closely. A violation can send you straight to jail, which is one reason having My Rights Law guide you through every term is so valuable.
California law requires a 52-week batterer's intervention program as a condition of probation in most domestic violence cases. That means weekly classes for a full year, on top of your other obligations.
Courts often order you to repay costs tied to the incident, such as counseling or medical bills. This restitution is separate from any fine you pay to the court.
Yes, and the loss of gun rights is one of the harshest and most permanent results of a conviction. Both state and federal law can strip you of your ability to own or hold a firearm, sometimes for life.
Under California Penal Code § 29805, most domestic violence convictions trigger a 10-year ban on owning or possessing any firearm in California. The ban starts the moment you are convicted.
Federal law under 18 U.S.C. § 922(g)(9) adds a lifetime firearm ban for many domestic violence convictions. This federal ban can apply even after a California case is dismissed.
After a conviction or a restraining order, you must give up any guns you already own within a short window. Failing to surrender them on time can create brand-new charges.
Holding a firearm while banned is a separate crime that can bring its own jail or prison time. Because the rules are strict, calling My Rights Law early helps you stay compliant and protected.
Under California Family Code § 3044, a domestic violence finding within the past five years creates a rebuttable presumption against giving you custody. That means the court starts by assuming that custody with you would harm your child.
The court can cut back or reshape your parenting time after a conviction. You may lose joint custody even if you were once the primary parent.
The presumption puts the burden on you to prove custody is still in your child's best interest. Meeting that burden takes strong, well-prepared evidence, which is exactly where our team steps in.
Judges often allow supervised visits so you can keep a bond with your child while safety concerns are addressed. A monitor may be present, and overnight stays may be blocked.
A criminal conviction can echo through your family court case for years. My Rights Law understands how these two systems connect and works to protect your role as a parent.
Yes. A conviction appears on background checks, can cost you a professional license, and can make hiring managers pass you over. Many boards treat domestic violence as a crime of moral turpitude, which raises the stakes for licensed workers.
For non-citizens, a domestic violence conviction can carry severe immigration results, so the following outcomes are all possible:
Yes. Courts routinely issue a protective order after a domestic violence conviction, and it can last up to ten years. Breaking that order under California Penal Code § 273.6 is a separate crime with its own penalties.
Yes. A domestic violence conviction stays on your criminal record unless a court later dismisses it. Even after a dismissal, some effects, such as certain gun and immigration limits, can still apply.
Charges are only accusations, and the prosecution must prove every element beyond a reasonable doubt. Our attorneys look for several paths to a better outcome, including the options below.
We may negotiate a charge down to a lesser offense with lighter penalties. A good plea can protect your record, your job, and your gun rights.
Some cases qualify for counseling or programs that keep a conviction off your record. Eligibility depends on your history and the specific charge.
We test weak proof, shaky witness accounts, and any rights violations during your arrest. False accusations in breakups and custody fights are common, and we know how to expose them.
If a conviction already happened, an appeal may correct legal errors from the trial. We review the record closely to find grounds to fight back.
California treats domestic violence seriously, and several laws shape how these cases move forward.
Under California Penal Code § 243(e)(1) and California Penal Code § 273.5, domestic violence covers force or injury against a spouse, partner, cohabitant, or the parent of your child. The relationship, not just the act, defines the crime.
Sentences depend on injury, history, and whether the charge is a misdemeanor or felony. A great bodily injury enhancement can add several years in prison.
Under California Penal Code § 273.6 and the Domestic Violence Prevention Act, courts can order you to stay away, surrender guns, and limit contact. Violations bring fresh charges.
Family Code § 3044 lets a conviction shift custody away from you for five years. Overcoming that presumption is difficult without skilled help.
A conviction touches your freedom, your family, and your future, so strong defense counsel matters from day one.
Here is how our team fights for you:
Facing the consequences of a domestic violence conviction is frightening, but you do not have to stand alone against the system. Attorney Bobby Shamuilian and the team at My Rights Law defend clients across Rancho Cucamonga and throughout California with focus and heart.
We offer a free case evaluation and will fight to protect your record, your family, and your rights. Call (909) 330-3880 today.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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