2025 California Domestic Violence: How to Protect Yourself

In the Los Angeles Chinese community, domestic violence and restraining order cases have been steadily increasing year after year. With the updated California Domestic Violence Law (Penal Code §273.5) in 2025, prosecutors are reviewing cases more strictly, and the criminal consequences are becoming more severe.

Whether you are a victim of domestic violence or have been wrongfully accused, understanding the latest laws and knowing how to protect your rights is critical.

1. California Domestic Violence Law (Penal Code §273.5) Explained

In California, domestic violence isn’t limited to physical harm. It also includes threats, emotional control, and financial abuse.
Under the law, the following actions may be considered domestic violence:

• Physical assault, pushing, shoving, or hitting
• Threatening or intimidating your partner
• Controlling finances or cutting off access to funds
• Emotional or psychological manipulation

Potential Criminal Consequences:

• First Offense: Up to 1 year in jail and/or up to $2,000 in fines
• Repeat Offenses or Serious Injury: Can be charged as a felony, leading to harsher penalties
• Additional Impact: Domestic violence cases can lead to restraining orders, changes in child custody, and immigration consequences

2. How to Apply for a Restraining Order

In California, there are two main types of restraining orders:

(1) Temporary Restraining Order (TRO)

• When to Apply: If you are facing immediate danger or threats
• Processing Speed: Can usually be approved within 1–2 days
• Protection May Include:
  
  • No contact with you or your children
  • No approaching your home, workplace, or school

(2) Permanent Restraining Order

• Requires a court hearing where the judge decides whether to extend protection
• Typically valid for 3 to 5 years
• Often used for long-term domestic violence or repeated threats
• Violating a restraining order is a criminal offense and can lead to immediate arrest

3. What to Do If You Are Wrongfully Accused of Domestic Violence

In California, false accusations of domestic violence are not uncommon, especially during disputes involving divorce, child custody, or property division.
If you’ve been falsely accused, you must act quickly to protect yourself.

Steps to Protect Yourself:

• 📌 Keep All Evidence: Save text messages, WeChat conversations, audio recordings, medical records, and video footage
• 📌 Gather Witness Statements: Get written statements from neighbors, friends, or anyone who witnessed events
• 📌 Avoid Direct Confrontation: Do not engage in verbal or physical altercations with the accuser
• 📌 Hire a Criminal Defense Attorney Immediately: A skilled attorney can communicate with prosecutors, submit evidence, and represent you in court

4. How Domestic Violence Charges Affect Immigration Status

For green card holders, visa holders, or those applying for U.S. citizenship, domestic violence charges pose serious risks:

• Green Card Applications: May be viewed as a “crime of moral turpitude,” potentially delaying or denying your application
• U.S. Citizenship: A domestic violence conviction could negatively affect USCIS’s evaluation of your Good Moral Character
• Risk of Deportation: Certain serious domestic violence convictions may trigger removal proceedings under immigration law

⚠️ Even if the case is dismissed, USCIS can still request police reports or court records during green card or citizenship applications, and you may need to provide a formal legal explanation.

How Perliss Law Firm Can Help You

At Perliss Law Firm, we specialize in domestic violence defense, restraining order applications, and immigration-related risk management. Our services include:

• One-on-One Case Analysis – Evaluate your legal, criminal, and immigration risks
• Restraining Order Support – Assist with applying for or defending against TROs and permanent orders
• Court Representation – Defend you against criminal charges and minimize penalties

Immigration Strategy Planning – Help protect your green card or citizenship eligibility