Misdemeanor Domestic Violence

Written By Davis Hewitt

Being arrested for misdemeanor domestic violence in California can be one of the most confusing and emotionally charged experiences a person can face. The consequences are serious—even for a first-time offense—and the legal process can move quickly. Whether you've been falsely accused or made a mistake in a heated moment, it's important to understand your rights and what a qualified defense attorney can do to protect them.

What Is Misdemeanor Domestic Violence in California?

In California, domestic violence typically refers to harm or threats of harm against an intimate partner, such as a:

  • Spouse or ex-spouse

  • Boyfriend or girlfriend (current or former)

  • Cohabitant (someone you live or lived with)

  • Co-parent of a child

The most common misdemeanor domestic violence charges include:

Penal Code § 243(e)(1) – Domestic Battery

This charge applies when there is unlawful physical contact, even if there’s no visible injury. It’s one of the most frequently charged domestic violence misdemeanors.

Penal Code § 273.5(a) – Corporal Injury to a Spouse or Cohabitant

Though usually a "wobbler" (chargeable as a misdemeanor or felony), if injuries are minor and circumstances less severe, it can be prosecuted as a misdemeanor.

Consequences of a Misdemeanor Domestic Violence Conviction

Even a misdemeanor conviction can carry life-altering consequences, including:

  • Up to 1 year in county jail

  • Fines of up to $2,000

  • Mandatory 52-week batterer’s intervention program

  • Criminal protective orders (restraining orders)

  • Loss of firearm rights

  • Immigration consequences (possible deportation or denial of naturalization)

  • Difficulty with employment or custody matters

And perhaps most importantly, a conviction creates a permanent criminal record that cannot be expunged while probation is ongoing.

How a Defense Attorney Can Help

An arrest is not a conviction. There are several ways an experienced attorney can intervene to reduce the impact of the charges—or have them dismissed entirely.

Here’s how I help my clients navigate domestic violence cases:

Evaluate the Strength of the Prosecution’s Case

Domestic violence cases often rely on conflicting accounts, vague evidence, or 911 calls taken out of context. I dig deep into the facts—was the arrest lawful? Was there actual harm or credible threat? Was the alleged victim coerced into reporting?

Challenge False or Exaggerated Allegations

Domestic violence accusations sometimes arise in the heat of an argument or during divorce and custody battles. I identify inconsistencies in the accuser’s story and present evidence to support your version of events.

Negotiate Alternatives to Conviction

In some cases, I can negotiate pretrial diversion, informal probation, or anger management classes that result in dismissed charges upon successful completion.

Protect Your Rights and Reputation

I work quickly to prevent protective orders from unfairly limiting your access to your home, children, or possessions—and to ensure your side of the story is heard in court.

Don't Wait to Get Help

In domestic violence cases, timing is critical. The District Attorney can file charges even if the alleged victim does not want to press them, and anything you say to police can be used against you. That’s why you should never go it alone.

If you've been arrested or accused of domestic violence, reach out immediately. As your defense attorney, I’ll work to protect your freedom, your record, and your future.

Davis W. Hewitt

Davis Hewitt
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