Experienced Defense Against Domestic Violence Allegations

Domestic violence accusations are among the most emotionally charged cases in criminal law. A simple argument can quickly escalate into arrest, restraining orders, and criminal charges that threaten your freedom, your job, your home, and your relationship with your children.

Tony Carlos understands that domestic violence cases are rarely as simple as they first appear. As a former Sutter County prosecutor, he has seen how quickly misunderstandings, false accusations, and exaggerated claims can lead to serious criminal charges. He provides aggressive, thorough defense while treating every client with respect and understanding.

Domestic Violence Charges We Defend

  • Corporal Injury to Spouse (PC 273.5) - Willfully inflicting physical injury on an intimate partner; wobbler offense with up to 4 years in prison
  • Domestic Battery (PC 243(e)(1)) - Battery against a spouse, cohabitant, or dating partner; misdemeanor with up to 1 year in jail
  • Criminal Threats (PC 422) - Making threats of violence against an intimate partner
  • Stalking (PC 646.9) - Repeated harassment or following that causes fear
  • Child Abuse (PC 273d) - Inflicting cruel or inhuman corporal punishment on a child
  • Elder Abuse (PC 368) - Physical abuse or neglect of an elderly person
  • Restraining Order Violations (PC 273.6) - Violating a protective or restraining order
  • False Imprisonment (PC 236) - Unlawfully restraining someone's liberty

Immediate Consequences of DV Arrest

Domestic violence cases move quickly. Understanding what happens immediately after arrest is crucial:

Emergency Protective Order

Police can issue an EPO on the spot, forcing you out of your home immediately. This temporary order lasts up to 7 days, during which time the alleged victim can seek a longer restraining order.

Mandatory Arrest

California law requires police to make an arrest if they have probable cause to believe domestic violence occurred. Officers often arrest first and investigate later.

Consequences of a DV Conviction

Far-Reaching Impact

A domestic violence conviction affects far more than your criminal record. You'll face a permanent firearms ban, potential immigration consequences, loss of child custody or visitation rights, mandatory 52-week batterer's intervention program, and a stigma that can affect your career, housing, and relationships for years.

Defense Strategies for Domestic Violence Cases

Self-Defense

If you acted to protect yourself from an attack by your partner, self-defense may be a complete defense. We investigate what really happened and present evidence supporting your account.

False Accusations

Unfortunately, false domestic violence claims are common in custody disputes, divorce proceedings, and relationship conflicts. We thoroughly investigate the accuser's motives and credibility.

Lack of Injury

PC 273.5 requires proof of a visible, traumatic injury. If there's no injury or the injury wasn't caused by you, this element cannot be proven.

Accidental Injury

The prosecution must prove the injury was willfully inflicted. Injuries caused accidentally during an argument or while trying to leave a situation are not domestic violence.

Insufficient Evidence

Many DV cases rely solely on the alleged victim's statement. If the accuser recants or is unavailable, the prosecution may not have enough evidence to proceed.

Constitutional Violations

We examine whether your rights were violated during the investigation, arrest, or questioning, which can lead to suppression of evidence.

Restraining Orders: Defense and Modification

Restraining orders can be devastating, keeping you from your home, your children, and your partner. Tony Carlos handles:

  • Contesting emergency protective orders (EPOs)
  • Defense at temporary restraining order (TRO) hearings
  • Fighting permanent restraining orders
  • Modifying existing orders to allow custody visitation
  • Defense against restraining order violation charges

Why Choose Tony Carlos for DV Defense

Former Prosecutor

Tony has prosecuted domestic violence cases and knows exactly how the DA approaches these matters.

Sensitive Approach

DV cases involve complex family dynamics. Tony handles these cases with discretion and understanding.

Quick Response

DV cases move fast. Tony responds quickly to protect your rights from the moment of arrest.

Complete Defense

We handle both the criminal case and related restraining order proceedings for comprehensive protection.

Frequently Asked Questions

Can charges be dropped if my partner doesn't want to prosecute?

In California, the district attorney decides whether to file charges, not the alleged victim. However, if your partner is uncooperative, the prosecution's case becomes weaker, and we can use this to negotiate dismissal or reduced charges.

Will I be able to go home?

If a protective order is issued, you cannot return home until the order is modified or lifted. We work quickly to address restraining orders so you can return to your residence as soon as legally possible.

What about my children?

A DV arrest often triggers family court proceedings affecting custody. We coordinate your criminal defense with family law considerations to protect your parental rights.

Can domestic violence charges be expunged?

Yes, if you complete probation successfully, you may be eligible to have your conviction expunged under PC 1203.4. However, the firearms ban remains permanent even after expungement.