If you need a Tustin domestic violence lawyer after an arrest, The Law Offices of Frances Prizzia is ready to defend you right now. Domestic violence charges in Tustin and Orange County carry serious consequences, and the fear that follows an arrest is real. A conviction can mean jail time, a permanent criminal record, loss of child custody, and restraining orders that uproot your entire life. We are experienced California criminal defense attorneys who know exactly how aggressively the Orange County District Attorney pursues these cases, and we know how to fight back.
Call us at (714) 410-5862 to speak with a domestic violence attorney today. This page covers the charges you may face, the penalties, and how we can help you pursue the best possible outcome.
We defend clients facing criminal charges with aggressive, personalized legal representation. From the moment of arrest through final resolution, our law firm fights for you. Here is how we help:
Early intervention by an experienced domestic violence attorney makes a real difference in domestic violence matters. The sooner our law firm gets involved, the more legal challenges we can overcome. Whether you face a misdemeanor or a serious felony domestic violence charge, we have the extensive knowledge to protect you. We understand Orange County domestic violence prosecution tactics, local judges, and the crime of domestic battery or corporal injury. Our experienced attorney will guide you through every step. Contact us for a free consultation and let us start building your defense today.
Tustin is within Orange County's jurisdiction, which means your case is handled by the Orange County court system and prosecuted by the Orange County District Attorney's office in Santa Ana. As a county domestic violence lawyer team, we know the local courts, the prosecutors, and the procedures inside and out. We serve clients across Tustin, Irvine, Santa Ana, Anaheim, and communities throughout Southern California.
California Penal Code § 13700 defines domestic violence as abuse committed against an intimate partner, cohabitant, or co-parent. A "domestic" relationship under California law covers a wide range of situations, including:
Physical abuse, emotional or psychological abuse, sexual abuse, stalking, harassment, and destruction of property all qualify as domestic violence under state law. California does not require visible injury for an arrest; an officer needs only probable cause, meaning a reasonable belief that abuse occurred. California also enforces a mandatory arrest policy, which requires police to make an arrest when called to a domestic disturbance, even if the alleged victim does not want to file charges.
Orange County law enforcement responds to tens of thousands of domestic violence calls each year, and prosecutors pursue these cases with force. According to the California Department of Justice, law enforcement agencies statewide made over 160,000 domestic violence-related arrests in a recent reporting year. Orange County prosecutors will file charges and push cases forward even when they lack enough evidence for a strong case, or when the alleged victim later recants or raises false accusations. Understanding the specific charges you face is the first step in building your defense.
Two charges appear most often in Tustin domestic violence cases, and knowing the difference matters.
Domestic Battery under Penal Code § 243(e)(1) covers willful and unlawful use of physical force or touching against an intimate partner. This is a misdemeanor charge, and it does not require any injury to the alleged victim.
Corporal Injury to a Spouse or Cohabitant under Penal Code § 273.5 covers the willful infliction of injury resulting in a traumatic condition. This is a "wobbler," meaning prosecutors can charge it as either a misdemeanor or a felony domestic violence charge depending on the facts.
Additional criminal charges often accompany domestic violence arrests, and each one raises the stakes:
Each additional charge increases your exposure and underscores the importance of retaining experienced domestic violence lawyers as soon as possible.
Penalties for domestic violence in Tustin range from serious to severe, and they depend on the specific charge and your prior record. Here is what you face:
Misdemeanor Domestic Battery (Penal Code § 243(e)(1)):
Felony Corporal Injury (Penal Code § 273.5):
Prior domestic violence convictions within seven years trigger sentencing enhancements that raise penalties significantly. Under the Lautenberg Amendment, any domestic violence conviction, even a misdemeanor, permanently bans you from owning or possessing a firearm under federal law. These penalties apply on a first offense, which is why retaining a domestic violence attorney before your arraignment is critical.
The criminal penalties are only part of what a conviction costs you. A domestic violence conviction creates a wave of collateral consequences that can follow you for years or even permanently. Non-citizens face deportation, inadmissibility, or denial of naturalization because domestic violence is a deportable offense under federal immigration law. In family law matters, a conviction is powerful evidence that judges use to restrict or eliminate your parental rights, including child custody and visitation of your child.
A Criminal Protective Order can also force you out of your home and away from your children, even before the case resolves. Employers run background checks, and a domestic violence conviction can cost you your job, your professional license, or your eligibility for certain industries. Service members face discharge under the Lautenberg Amendment if convicted. These consequences are not abstract; they are real, and they can be permanent. Contact The Law Offices of Frances Prizzia immediately so we can work to prevent them.
Being charged does not mean being convicted. Domestic violence cases are highly defensible, and a case dismissed is a life protected. The strength of your defense depends on acting fast, preserving evidence, and working with experienced domestic violence lawyers from day one. We investigate every angle of the prosecution's case before advising on strategy, because we believe the best possible outcome comes from the most thorough preparation.
Here are the defenses we examine in every domestic violence case:
We tailor each defense to the specific facts of your domestic violence cases, because no two situations are the same.
Stay calm, invoke your right to remain silent, and contact a Tustin domestic violence lawyer right away. Do not reach out to the alleged victim or explain yourself to the police, as anything you say can be used against you in court.
In California, the District Attorney, not the alleged victim, decides whether to file charges. Prosecutors often pursue domestic violence cases even when the alleged victim recants or refuses to cooperate, so you need an attorney regardless of what the alleged victim says.
Convictions generally remain on your record, but some may qualify for expungement under Penal Code § 1203.4 after successful completion of probation. A domestic violence attorney can assess your eligibility and guide you through the process.
The criminal court issues a criminal protective order as part of your case, while a civil restraining order is filed separately in family or civil court. Both restrict contact and can affect your housing and parental rights.
Yes. Under Penal Code § 243(e)(1), domestic battery requires only willful and unlawful physical force against an intimate partner; no injury is needed. An experienced criminal defense attorney can challenge whether the contact actually meets this legal threshold.
An attorney challenges the evidence, negotiates with prosecutors, pursues reduced or dismissed charges, and protects your rights throughout the court proceedings. Clients who retain counsel early consistently see better outcomes than those who face the system alone.
Facing domestic violence charges is one of the most stressful experiences a person can go through, and you should not face it alone. At The Law Offices of Frances Prizzia, we understand the weight of what you are dealing with, and we are ready to stand beside you. Time matters in these cases; the earlier we get involved, the more we can do to protect your rights, your family, and your future. We bring years of experience defending clients against domestic violence charges throughout Orange County, and we approach every case with aggressive, focused legal advocacy.
Call us at (714) 410-5862 to schedule a free consultation with a Tustin domestic violence lawyer today. Our team is available to review your case, answer your questions, and help you understand your options with no obligation. You deserve a defense that fights hard for you, and that is exactly what we deliver.
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