SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Domestic Violence Defense in San Bernardino
A domestic violence arrest can affect your home, your children, your job, and your right to own a firearm before the case is even decided. Understand the charge and the orders that come with it.
A domestic violence case moves on more than one track.
Domestic violence cases often begin with a 911 call, a quick police response, and an arrest made on limited information. In San Bernardino County, the case is then reviewed by the District Attorney, and the person arrested may be held at a county detention facility such as the Central Detention Center or West Valley Detention Center until release or arraignment.
Many people are surprised to learn that the complaining witness does not control whether the case continues. The prosecutor decides whether to file charges and whether to dismiss them. At the same time, the court may issue a criminal protective order that limits contact, even with a spouse or the other parent of your child, and that can require you to move out of a shared home.
James M. Glick has practiced criminal defense since 1974, and about 99% of his cases are in San Bernardino County. A defense starts with understanding what happened, who said what, and what you need to protect: your liberty, your family relationships, your work, and your record.
Common domestic violence charges in California.
- Domestic battery, Penal Code § 243(e)(1). A battery against a spouse, cohabitant, the parent of your child, a former spouse, a fiancé, or a current or former dating partner. It does not require a visible injury. It carries up to one year in county jail and a fine of up to $2,000.
- Corporal injury, Penal Code § 273.5. Willfully inflicting a corporal injury resulting in a “traumatic condition,” which the law defines to include minor or serious wounds and injury from strangulation or suffocation. It can be charged as a felony or a misdemeanor, and penalties increase with certain prior convictions.
- Criminal threats, Penal Code § 422. A threat to commit a crime resulting in death or great bodily injury, made with the intent that it be taken as a threat, that is specific enough to convey an immediate prospect of execution and causes sustained, reasonable fear. It can be charged as a misdemeanor or a felony.
- Stalking, Penal Code § 646.9. Willfully and maliciously following or harassing someone and making a credible threat. It can be a misdemeanor or felony, and it carries a state prison term if a restraining order was already in effect.
- Violating a protective order, Penal Code § 166(c)(1). A willful and knowing violation of a criminal protective order or similar order is a misdemeanor, with mandatory jail if the violation causes physical injury and greater exposure for certain repeat violations.
Self-defense, injuries with another explanation, and inconsistent accounts are all issues to examine closely.
Protective orders and firearm restrictions start early.
Under Penal Code § 136.2, the court may issue a criminal protective order while the case is pending, and in domestic violence cases the court must consider issuing one on its own. A person subject to that order may not own, possess, or buy a firearm while it is in effect and must relinquish firearms. At sentencing, after a domestic violence conviction, the court must consider a no-contact order that can last up to 10 years.
Convictions bring their own firearm consequences. Under Penal Code § 29805, misdemeanor convictions under sections including 243, 273.5, 422, and 646.9 trigger a 10-year prohibition, and a misdemeanor § 273.5 conviction on or after January 1, 2019 carries a prohibition with no 10-year limit. A felony conviction brings a lifetime prohibition, and federal law imposes its own restrictions for domestic violence convictions. Violating these rules is a separate crime.
If you have questions about a protective order, follow it exactly while you get advice. Contact initiated by the protected person does not make contact lawful.
| Code section | Why it matters |
|---|---|
| Penal Code § 243(e)(1) | Domestic battery. Up to one year in county jail and a fine up to $2,000; probation requires at least a one-year batterer’s program. |
| Penal Code § 273.5 | Corporal injury resulting in a traumatic condition. Punishable by state prison or county jail; increased ranges for certain priors. |
| Penal Code § 422 | Criminal threats. Requires specific intent and sustained, reasonable fear. Punishable by county jail or state prison. |
| Penal Code § 646.9 | Stalking. Requires a credible threat; a state prison term applies if a restraining order was in effect. |
| Penal Code § 166(c)(1) | Willful and knowing violation of a criminal protective or stay-away order. A misdemeanor, with added penalties for injury or certain repeat violations. |
| Penal Code § 136.2 | Authorizes criminal protective orders during the case and after conviction, with firearm prohibition and relinquishment. |
| Penal Code § 1203.097 | Mandatory probation terms: at least 36 months, a protective order, and a batterer’s program of at least one year. |
What probation looks like in a domestic violence case.
When probation is granted for a crime against a person in a covered relationship, Penal Code § 1203.097 sets mandatory terms. They include a minimum of 36 months of probation, a criminal protective order, and successful completion of a batterer’s program lasting at least one year, with weekly sessions of at least two hours. The program must generally be completed within 18 months, with limited excused absences, and it reports progress to the court.
These conditions are a reason to evaluate any proposed plea carefully. A plea to a different offense, a misdemeanor instead of a felony, or a dismissal may carry very different consequences for firearms, immigration, custody proceedings, and employment.
Common domestic violence questions
Can the alleged victim drop domestic violence charges?
Not directly. In California, the District Attorney decides whether to file or dismiss charges. A complaining witness can share their wishes with the prosecutor, and their account matters to the evidence, but the case can continue without their cooperation. Do not contact a protected person about the case if an order prohibits contact.
Is domestic violence a felony in California?
It depends on the charge. Domestic battery under § 243(e)(1) is punishable only by county jail and a fine. Corporal injury under § 273.5, criminal threats, and stalking can be charged as felonies or misdemeanors. The facts, any injury, and any prior record affect how the prosecutor files the case.
Will I lose my right to own a gun?
A criminal protective order prohibits firearm possession while it is in effect and requires relinquishment. Misdemeanor convictions for offenses including domestic battery, § 273.5, criminal threats, and stalking trigger at least a 10-year California prohibition, and some carry longer or lifetime restrictions under state or federal law. Ask about firearms early.
What happens at arraignment in San Bernardino?
At arraignment, you are formally advised of the charges and enter a plea. In a domestic violence case, the court often addresses a criminal protective order at that hearing and may address release conditions. Misdemeanor and felony cases are typically heard at the San Bernardino Justice Center at 247 W. 3rd Street.
Is a batterer’s program required?
If probation is granted for a qualifying domestic violence offense, California law requires completion of a batterer’s program lasting at least one year, with weekly sessions, as part of a probation term of at least 36 months. Whether that requirement applies depends on the offense and the resolution of the case.
Protect your home, your family, and your record.
If you have been arrested or charged with a domestic violence offense, or you are subject to a protective order, call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.