A domestic-violence allegation is frightening and often grows out of a chaotic moment — but it is defensible. Two things matter most in the first days: obey the emergency protective order that is almost certainly already in place — to the letter — and understand that the alleged victim cannot simply "drop" the case.
These allegations are usually filed under one of two code sections — and the difference comes down to a single question: was there a visible injury? Prosecutors often charge both, or use one as a fallback for the other.
An EPO is likely activeAfter a domestic-violence arrest, police usually put an Emergency Protective Order (EPO) in place at the scene — it takes effect immediately. Assume one is active and have no contact with the protected person in any form, even if they call, text, or invite you. Any contact can be charged as a separate crime. This is the most common way a case gets worse before it's even resolved.
Charges aren't "dropped"The case does not end just because the alleged victim wants it to. In California the prosecutor — not the person who was allegedly harmed — decides whether the case goes forward, and it often does even when they recant, forgive, or refuse to testify.
Case reference — DV · spouse / partner
Case reference
DV · spouse / partner
Shared on conviction/probation: min. 36-month probation · 52-week batterer's program (PC 1203.097) · protective order · firearms prohibition. Even a small bruise or redness can satisfy "traumatic condition." Figures are ranges — confirm against current statute.
The first few hours
Common mistakes people make early
In domestic-violence cases, the most damaging mistakes almost always happen in the first days — long before trial.
Contacting the protected person while an EPO is activeEven if they call, text, or invite you — even to "sort it out" — any contact can be charged as a new crime. Assume the order is in force and let your lawyer handle communication.
Assuming the case ends if they "drop the charges."The prosecutor, not the alleged victim, decides whether the case goes forward — and it often does even when the victim recants or won't testify.
Going home for your belongingsIf an order bars you from the residence, returning — even briefly, even to collect clothes — can violate it. Arrange it through counsel.
Explaining yourself to the policeTrying to give "your side" at the scene rarely helps and is quoted back later.
Deleting or ignoring evidenceTexts, photos, and messages can show self-defense or a false accusation — preserve them, don't erase them.
Waiting to get a lawyerEarly steps — the protective-order terms, preserving evidence, program enrollment — shape everything that follows.
Before the first meeting
What to bring your lawyer
Any charging or arrest paperwork, and a copy of any protective order.
An honest timeline of the incident and the relationship leading up to it.
Photos of any injuries to yourself, and any texts, emails, voicemails, or messages that show the full context.
Names of anyone who witnessed the incident or the relationship.
Mitigation packet — bring whatever applies
Good outcomes often turn on who you are, not just what happened. Start gathering these early — we use them to argue for reduction, diversion, or a lighter sentence. This same packet helps in any charge we defend, so it's worth building once and keeping.
Education — diplomas, transcripts, enrollment or admission letters.
Family & dependants — photos of your children and family, and proof you support them.
Military service — proof of service or discharge papers (DD-214).
Employment — proof of work, a letter from your employer, recent pay records.
Medical — diagnosis, hospital records, and treatment history for any condition.
Steps already taken — proof of enrollment in an anger-management, batterer's, or counseling program.
Character — reference letters and evidence of community or volunteer involvement.
What you can do now
Assume an EPO is active and follow every term exactly — no contact means none, even if they reach out.
Photograph any injuries to yourself — from several angles, ideally date-stamped — while they are still visible. If you were the one defending yourself, this can be decisive.
Consider enrolling voluntarily in an anger-management or counseling program — starting before court shows real initiative.
Preserve every message, photo, and witness name while it's fresh.
Avoid discussing the case with anyone but your lawyer — and never on social media.
The law — for counsel
Elements
Both offenses require a qualifying relationship — a current or former spouse, cohabitant, fiancé(e), dating partner, or the co-parent of the defendant's child.
PC 273.5 — Corporal injury — CALCRIM 840
(1) The defendant willfully inflicted physical injury on an intimate partner; (2) the injury resulted in a traumatic condition; and (3) the defendant did not act in self-defense or defense of another.
PC 243(e)(1) — Domestic battery — CALCRIM 841
(1) The defendant willfully and unlawfully touched an intimate partner in a harmful or offensive manner; (2) the person was an intimate partner; and (3) the defendant did not act in self-defense or defense of another. No injury required.
Counterintuitive points
"Traumatic condition" is construed broadly — minor or temporary injury such as slight redness or a small bruise can satisfy it. verify
The People control the prosecution — a victim's recantation or refusal to testify does not end the case, and the DA may proceed on 911 audio, photos, and prior statements.
273.5 is a wobbler; 243(e)(1) is always a misdemeanor — the reduction path runs from the former to the latter.
A prior qualifying DV conviction within 7 years elevates 273.5 exposure substantially (up to ~5 years); a GBI enhancement (PC 12022.7) may attach. verify
Where it is fought
Jury instructions & bench notes
CALCRIM 840 (PC 273.5) and CALCRIM 841 (PC 243(e)(1)) are the core instructions.
Watch the bench notes on the definition of "traumatic condition" and on the willfulness element in 840. verify against current CALCRIM
Self-defense / defense-of-others instructions frequently pair with both — confirm the theory is properly requested.
Common defenses
Self-defense or defense of others: the most common and often the strongest — the client used reasonable force against an immediate threat.
Misidentified as the aggressor: where both parties made allegations, officers are required to identify the primary (dominant) aggressor rather than arrest both — weighing the history of abuse, the relative injuries, threats, and who acted in self-defense. The party who was actually defending themselves is sometimes the one arrested, and documented injuries to the client are central to proving it. verify — Pen. Code 836(c)
False or exaggerated accusation: frequent in the context of separations, custody disputes, or retaliation.
Accident / no willful act: the contact or injury was not willful.
No traumatic condition (273.5): no injury resulted — which can defeat 273.5 and leave, at most, a 243(e)(1).
No qualifying relationship: the alleged partner does not meet the statutory categories.
Insufficient evidence: the case rests on a recanting or absent witness.
Common questions
FAQs
01Can the case be dropped if my partner doesn't want to press charges?
Not by them. In California the prosecutor decides whether to go forward, and domestic-violence cases often proceed even when the alleged victim recants or won't testify. Their wishes matter, but they don't control the outcome.
02What's the difference between the two charges?
Domestic battery (PC 243(e)(1)) needs only harmful or offensive touching — no injury — and is always a misdemeanor. Corporal injury (PC 273.5) requires an actual injury or "traumatic condition" and can be charged as a felony.
03The order says no contact, but they keep texting me. Can I reply?
No. An emergency protective order binds you regardless of what the protected person does — replying can be charged as a violation even if they started it. Route everything through your lawyer.
04Will I have to give up my firearms?
A domestic-violence conviction carries a firearms prohibition, and the terms can be strict and long-lasting. This is one of the collateral consequences to discuss with counsel early.
How we help
Talk to us before you talk to anyone else
[Attorney McAllister's voice — the firm's approach to these cases, the courthouses covered, and the stages of representation. This is the part no larger publisher can copy.]
Draft — pending firm verification Laid up 4 August 2026 by ByteZero Marketing from the firm's supplied charge-page template (31 July 2026), for review by the Law Office of Aaron P. McAllister.
Every legal statement follows the firm's template wording; every legal figure to be verified against primary authority and approved before publication.
Primary sources: Pen. Code §§ 273.5, 243(e)(1); CALCRIM 840, 841.
To be revisited if the statutes or jury instructions change.
Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034.
Attorney advertising. This page is general information about California law, not legal advice.
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