PASADENA DOMESTIC VIOLENCE ATTORNEY

Domestic violence can be defined as a violent confrontation that occurs between family members or between people who live together or are in a dating relationship. Domestic violence follows a broad spectrum of participants. However, it always involves abuse in one form or another, whether it be physical, psychological, or emotional.

Whether you are referring to a domestic violence dispute between husband and wife, boyfriend and girlfriend, father and son, father and daughter, mother and son, mother and daughter, or some other familial combination, victims need to get help. Domestic violence carries with it longstanding emotional and psychological scars that extend far beyond the physical.

In most domestic violence cases, the woman is the victim, though that’s not always the case. Weapons are sometimes employed, property is damaged, and alcohol and drug use are often at the source. In the state of California, domestic violence is not taken lightly. You should seek legal assistance if you or someone you love has been the victim of a domestic violence situation. A skilled Pasadena domestic violence attorney at the Southern California Khalaf Law Group is here to educate and support you through this process.

Domestic Violence Misdemeanor Conviction

In terms of family law, a misdemeanor conviction for domestic violence can carry up to one year in county jail, though many first-time cases end in probation with a batterer’s intervention program instead of jail time, and can result in the unfortunate loss of custody of your children or visitation privileges. Other negative impacts may be a loss of employment, fines, legal fees, and possible deportation if you are not a US citizen. A domestic violence conviction is one of the specific grounds Congress listed for deportation under federal immigration law, so even a misdemeanor conviction can put a green card or visa at risk.

Under California Family Code section 3044, if a court finds that you committed domestic violence against your co-parent or your child within the past five years, the law presumes that giving you custody would not be in your child’s best interest. This presumption applies whether you are a man or a woman, and it does not require a criminal conviction to apply — a restraining order or other credible evidence can trigger it too. You can rebut the presumption with evidence that custody would still serve your child’s best interest, but the burden is on you to prove it. As of January 1, 2026, courts can also weigh any violation of a firearm relinquishment order when applying this presumption. Losing custody or visitation over a domestic violence finding is a serious consequence that affects the whole family, especially the child.

If you are convicted of a domestic violence misdemeanor, federal law under the Lautenberg Amendment, 18 U.S.C. § 922(g)(9), bars you from possessing a firearm or ammunition, and this ban does not expire on its own even if you never spend a day in jail. If you are a law enforcement officer or in the military, a domestic violence conviction often signals the end of your career, since the law does not carve out an exception for on-duty officers the way some other firearm restrictions do.

What Constitutes Domestic Violence?

Regardless of whether a dispute occurs between spouses, domestic partners, boyfriend and girlfriend, parents and children, same-sex couples, blood relatives (siblings, cousins, aunts, uncles, grandparents, etc.), or housemates, consequences can be severe. All domestic violence disputes between the above combination of individuals carry the domestic violence charge.

A domestic violence conviction stays on your record permanently unless you later get it expunged. If you are convicted again within seven years, California law can increase the penalties for the new charge and impose a mandatory minimum jail term.

Offenses compound, and aligning yourself with a skilled Pasadena Domestic Violence Attorney is essential to fully understand your rights and seek a reduced sentence and favorable outcome.

What Usually Happens in a Domestic Violence Case?

A domestic violence case typically begins with a report to the police. The alleged victim contacts the authorities to report domestic violence, and the local police respond to address the situation. Law enforcement officers have a legal duty to ensure victims’ safety, even if this means removing an alleged attacker before clear evidence is established. The police will likely arrest the person accused of committing domestic violence or allow them to leave under strict conditions. At this point, an experienced Pasadena domestic violence attorney can help the victim secure a temporary restraining order to keep the accused away.

This temporary restraining order will lead to a hearing within a few weeks, at which time the accused will have the opportunity to respond to the charges against them. Depending on the police’s availability and strength of evidence secured during the initial call, the defendant may or may not have room to dispute the charges against them.

The proceedings to follow can take various turns based on the specific elements of a case. Ultimately, there is no way to predict how a domestic violence case will end. Because of this, domestic violence victims must be aware of the importance of seeking legal counsel after experiencing any kind of domestic violence.

How Do Most Domestic Violence Cases End?

The majority of domestic violence cases do not go to trial. In many of them, the evidence is clear enough to charge the accused with a specific crime or several crimes. In others, there is not enough evidence, or the matter is essentially a “he said, she said” dispute with no clear way to determine who is telling the truth.

Contesting a domestic violence charge requires challenging the validity and strength of the prosecution’s evidence or otherwise proving the allegations are false. ​​Many domestic violence cases are settled privately, ending with a plea deal instead of a trial. But as explained below, several of these cases never even get that far; some get dropped, and some go to a diversion program instead.

What Are the Potential Consequences of a Domestic Violence Charge?

“Domestic violence” is a broad term that encompasses many possible behaviors. Domestic violence could pertain to a situation in which one spouse is actively abusing another family member over a long period of time. The term may also refer to a specific incident involving an altercation between family or household members. Domestic violence may pertain to very serious criminal charges, like aggravated assault or attempted homicide. Depending on the severity of the actual act in question, the offender could face misdemeanor or felony charges.

The penalties for either can be severe, impacting the offender’s life for years to come. The criminal record of domestic violence can make it difficult or even impossible for them to secure certain types of employment. They may face restitution to the victim in addition to financial liability under family law for child support and/or alimony.

Do Most Domestic Violence Cases Get Dismissed?

Many domestic violence claims are filed in the Pasadena area and throughout California every day, and it is a common misconception that most of these cases are dismissed. There is no single official dismissal rate for California, since counties and courthouses track case outcomes differently.

The best available research, from the U.S. Department of Justice’s National Institute of Justice, found that roughly one-third of reported domestic violence incidents lead to a prosecution, and just over half of those prosecutions end in a conviction. This means a substantial share of filed cases end in a dismissal, a diversion program, or a negotiated plea instead.

The high number of dismissed cases is due to many factors. First, an accuser must have clear and convincing evidence to establish that an alleged domestic violence incident actually took place. It is not uncommon for people to file domestic violence claims with little to no physical evidence or witness testimony to support them. An alleged victim may claim to have suffered domestic violence with no signs of injury, but the police may still arrest the alleged abuser to follow applicable state laws.

Domestic violence cases can be dismissed due to poor evidence, lack of evidence, conflicting testimony, and exculpatory evidence that proves the accusation was unfounded or wrongful. When domestic violence cases are dismissed, it is typically on the grounds that the available evidence is too weak to support the claims. Cases may also be dismissed on procedural grounds, such as due process violations in the securing of evidence or failing to meet court filing deadlines.

Potential Defenses Against Domestic Violence Charges

People who have been wrongfully accused of domestic violence can easily feel lost and trapped when they are arrested or otherwise forced to leave their home due to a wrongful accusation. If an individual has committed any type of domestic violence, victims do have recourse. The criminal justice systems in place in California and throughout the US exist to ensure they face accountability for their actions. However, those accused of domestic violence who know they have done nothing wrong may have several available defenses:

• A person accused of domestic violence might avoid conviction by proving that whatever abusive actions they allegedly committed were self-defense.
• An accused individual may be able to clear their name by contradicting evidence of alleged domestic violence.
• Eyewitness testimony that conflicts with that of the accuser may also help reveal the truth of a questionable domestic violence claim.

These are just a few potential defenses available to those accused of committing domestic violence. Anyone in this situation should seek legal counsel immediately to avoid the serious penalties that often accompany domestic violence convictions.

Anyone who has experienced domestic violence as a victim must seek legal representation as soon as possible as well. A good attorney can help streamline the process of securing a restraining order and help the victim initiate other necessary legal proceedings, such as filing for divorce from an abusive spouse. Attorneys can also provide valuable resources to domestic violence victims, such as connecting them with public outreach programs and other social safety nets that can provide help and comfort during a difficult time. If you are in immediate danger, you can also reach the National Domestic Violence Hotline any time, day or night, by calling 1-800-799-7233.

Where Pasadena Domestic Violence Cases Are Heard

Most domestic violence and restraining order matters for Pasadena residents are heard at the Los Angeles County Superior Court – Pasadena Courthouse, located at 300 East Walnut Street. The courthouse’s Self-Help Center, in Room 300, offers free walk-in help with the paperwork for a domestic violence restraining order, though court staff cannot give legal advice or represent you at a hearing. A Pasadena domestic violence attorney can prepare your filing, gather supporting evidence, and represent you at the hearing itself.

Find Your Legal Counsel Today

If you have experienced any type of domestic violence or need to fight a wrongful domestic violence charge, it is essential to seek legal counsel as soon as possible. Your Pasadena domestic violence attorney can help you determine the best possible approach to your legal situation and clarify the likely outcomes of your proceedings. Ted Khalaf and the attorneys at Khalaf Law Group are members of the Los Angeles County Bar Association and the State Bar of California. When you are ready to discuss your legal options with a compassionate and experienced Pasadena domestic violence lawyer, contact the Khalaf Law Group and schedule a consultation with our team.

Frequently Asked Questions

What is the difference between an emergency protective order and a restraining order in Pasadena?

An emergency protective order is issued by a judge over the phone, usually right after police respond to a call, and it lasts up to seven days. A longer-term domestic violence restraining order requires filing Form DV-100 and, after a hearing, can last up to five years.

How long does it take to get a domestic violence restraining order in California?

A judge can grant a temporary restraining order the same day you file. The court then sets a hearing on a permanent order within about 20 to 25 days.

Is there a filing fee for a domestic violence restraining order?

No. California does not charge a filing fee to request a domestic violence restraining order.

Can the alleged victim drop domestic violence charges once they are filed?

Generally, no. Once the district attorney files charges, the prosecutor, not the alleged victim, decides whether the case continues or is dismissed.

Will a domestic violence conviction affect my ability to see my kids?

It can. Under Family Code 3044, a finding of domestic violence within the past five years creates a presumption against giving you custody, though the presumption can be rebutted with evidence.

Can I lose my job over a domestic violence charge?

Yes, especially in law enforcement, the military, or any job that requires a firearm or security clearance, since a conviction can trigger a federal firearm ban.

Do I need a lawyer if police only issued a warning and did not arrest anyone?

Yes. Even without an arrest, a documented police report can later support a restraining order request or a Family Code 3044 finding in a custody case.

What should I do if I am not a US citizen and I am facing a domestic violence charge?

Talk to an attorney before entering any plea. A domestic violence conviction is a specific ground for deportation under federal immigration law, even for a first-time misdemeanor.