Domestic Violence Attorney in Victorville
Immediate Help For Domestic Violence Charges in California
If you were arrested or accused of domestic violence in Victorville, you are likely worried about jail, court, and your family. A single night can lead to criminal charges, a protective order, and restrictions on where you live or who you see. You may not know what to do next or who to call.
At Brian Skibby Law Office APC, we defend people facing these accusations and the serious consequences that follow. Our firm has been handling criminal cases since 1996, and we bring more than 25 years of criminal defense experience to every matter. We appear regularly in San Bernardino County courts and understand how domestic violence cases are handled there.
We know this is personal and often confusing. Our team offers free consultations and 24-hour emergency assistance so you can speak with a lawyer as soon as you need one. From your first call, we focus on protecting your rights, your record, and your future.
Protect your rights and your future by calling (909) 695-0095 or reaching out online to speak with a domestic violence attorney in Victorville.
Understanding California Domestic Violence Statutes
Domestic violence is not a single crime in California; it is a category of offenses defined by the relationship between the parties. Most cases in Victorville are prosecuted under one of two primary statutes:
- Corporal Injury on a Spouse or Cohabitant: Defined as willfully inflicting a "corporal injury" resulting in a "traumatic condition" (such as a bruise, swelling, or cut) on an intimate partner. This is the more serious charge, often filed when there is a visible injury, however minor.
- Penalties: This is a "wobbler" in California, meaning the District Attorney can charge it as a misdemeanor or a felony based on the severity of the injury and your prior record.
- Domestic Battery (Penal Code § 243(e)(1)): This charge does not require a visible injury. It is defined as any willful and unlawful use of force or violence against an intimate partner. Simply pushing or grabbing someone's arm during an argument can lead to this charge.
- Penalties: Typically a misdemeanor, but still carries significant long-term consequences.
As your Victorville domestic violence lawyer, we analyze the specific allegations to ensure you are not being overcharged. If there was no injury, we fight to have felony charges reduced or dismissed.
The Consequences of a Domestic Violence Conviction in California
The penalties for domestic violence go far beyond jail time. In California, the "collateral consequences" can be more damaging than the sentence itself.
- Mandatory 52-Week Program: Even for a first-time misdemeanor, California Penal Code § 1203.097 requires most defendants to complete a one-year Batterer’s Intervention Program.
- Firearm Bans: A domestic violence conviction triggers a 10-year ban under California law and a lifetime ban under federal law on owning or possessing a firearm.
- Protective Orders (CPO): The court will likely issue a Criminal Protective Order, which may bar you from your own home and limit or eliminate contact with your children.
- Employment and Licensing: Professional licenses for nurses, teachers, and contractors can be suspended or revoked.
- Immigration Issues: For non-citizens, domestic violence is often classified as a crime of moral turpitude or an aggravated felony, which can lead to deportation.
What To Do After An Arrest for a Domestic Violence Case in Victorville
The hours and days after a domestic violence arrest are often confusing and emotional. You may be released with a court date, or you may still be in custody waiting to see a judge. In either situation, the steps you take next can affect your case and your options.
If a protective order or emergency order is issued, it is critical to follow it exactly. This usually means no contact with the alleged victim and sometimes no return to the shared home. Even if the other person reaches out, responding could be treated as a violation.
You also have the right to remain silent. It may feel natural to want to explain what happened to officers, detectives, family members, or friends. However, statements can be used in court and can be misunderstood or taken out of context. Speaking with a lawyer before making detailed statements is often an important safeguard.
Here are some immediate steps that may help protect your rights:
- Avoid discussing the facts of the case with anyone other than your attorney.
- Follow any protective orders strictly, including distance and contact restrictions.
- Gather documents, messages, or names of witnesses that may be important later.
- Write down your recollection of events while they are still fresh.
- Contact a domestic violence lawyer as soon as you can to review your options.
Domestic violence cases often begin with an arraignment, where you hear the charges and the court discusses bail and protective orders. These hearings are typically held at the courthouse that serves cases from the Victorville area. Having a lawyer present can help you understand what is happening in real time and can allow your attorney to speak on your behalf about release conditions and future dates.
Why Choose Our Domestic Violence Defense Team
Our firm has been representing clients in criminal courts since 1996, and we have built long-standing relationships with local judges and prosecutors who handle these matters in San Bernardino County. This local insight helps us understand how different courts tend to approach sentencing, protective orders, and plea discussions.
We offer trial-tested criminal defense. Some domestic violence cases resolve early, and others go to contested hearings or trial. Our attorneys are prepared to take a case into the courtroom when that is in the client’s best interest. We study police reports, evidence, and the history of the relationship, then work to present the strongest possible defense based on the facts.
We also know that an arrest can strain your finances. Our firm offers free consultations, convenient virtual meetings, and a commitment to affordable rates with flexible payment plans. Combined with 24-hour emergency assistance, this means you can reach out for help quickly, without waiting for business hours or wondering how you will pay for an initial meeting.
How We Defend Domestic Violence Cases
Every domestic violence case has its own facts and history. Our attorneys begin by carefully reviewing the police reports, witness statements, medical records if any, and any recordings, photos, or messages related to the incident. We look for inconsistencies, missing context, and evidence that may support your account of what happened.
Relationship dynamics can be complicated. Alcohol or drug use, stress, and long-standing conflicts often play a role. In some situations, injuries or marks may not match the description in the report. In others, there may be text messages, social media posts, or prior statements that cast doubt on the current accusations.
Defense strategies vary depending on the evidence and the client’s goals. Options can include:
- Self-Defense: In many domestic incidents, the person arrested was actually the one defending themselves from an initial aggressor. We gather evidence to show you used only the force necessary to protect yourself.
- False Accusations: Allegations of abuse are frequently used as leverage in divorce or child custody battles. We investigate the motives behind the report and expose inconsistencies in the accuser's statement.
- Lack of Willful Intent: Accidents happen. If an injury occurred without criminal intent, we work to prove that the incident does not meet the legal definition of "willful" injury.
- Challenging the "Traumatic Condition": We scrutinize medical reports and police photos. If the alleged injury is non-existent or was caused by a different event, the PC 273.5 charge cannot stand.
Because our firm has long-standing relationships with prosecutors and judges who handle domestic violence cases in San Bernardino County, we understand how these cases are commonly approached in the courts that serve Victorville.
Talk To A Domestic Violence Lawyer in Victorville Today
At Brian Skibby Law Office APC, we bring more than 25 years of criminal defense experience, a deep understanding of local courts, and a commitment to hands-on representation. We offer free consultations, 24-hour emergency assistance, virtual meetings when needed, and flexible payment plans to help make legal help more accessible during difficult times.
Call (909) 695-0095 or reach out online now to speak with our team about your domestic violence case.
Frequently Asked Questions
Will I go to jail for domestic violence?
Not every domestic violence case results in jail time, but it is a possible consequence. The outcome can depend on the specific charge, prior history, the facts alleged, and how the court views the case. Speaking with our team allows you to discuss realistic possibilities for your situation.
What happens at my first court date in Victorville?
The first court date is usually an arraignment where the judge tells you the charges and addresses bail and protective orders. You typically enter a plea and receive future dates. When we appear with you, we explain each step and speak on your behalf about conditions and scheduling.
Can you help if there is a restraining order against me?
Yes, we regularly handle cases that involve criminal protective orders or related restraining orders. We review the order with you, explain what contact is allowed, and discuss options for addressing the order in court. Following the order strictly while your case is pending is very important.
How much does a domestic violence lawyer cost?
Costs vary based on the complexity of the case, the charges, and how far the case proceeds. Our firm offers free consultations, reasonable rates, and flexible payment plans. During your consultation, we can discuss likely fees for your matter and options for structuring payments.
How quickly can your team start on my case?
We are available 24 hours a day for emergency calls, and we begin reviewing cases as soon as we are retained. Early involvement can help with gathering information, preparing for the first court appearance, and addressing protective orders. If you call today, we can promptly schedule a consultation.