San Bernardino Domestic Violence Lawyer

Domestic Violence Lawyer San Bernardino, CA

If you are dealing with a domestic violence arrest in San Bernardino, the decisions you make in the first few days will shape the rest of the case. California law enforcement operates under a mandatory arrest policy, which means that many people are taken into custody based solely on one person’s account of what happened. That does not mean the charges will stick. It means you need an attorney who can start working immediately.

Our San Bernardino, CA domestic violence lawyer at Seyb Law Group brings over 13 years of criminal defense experience to every case. We offer free consultations and payment plans, and we are prepared to fight domestic violence charges aggressively from day one.

Why Choose Seyb Law Group for Domestic Violence Defense in San Bernardino, CA?

A Defense Built on Results

Our firm has obtained outcomes that reflect how seriously we take these cases. We secured a complete dismissal in a spousal battery case involving documented injuries, with no jail time for our client. In a felony domestic violence prosecution, we negotiated charges down to a misdemeanor and kept our client out of custody. These cases required thorough investigation, aggressive pretrial advocacy, and a willingness to challenge the prosecution’s evidence at every stage.

Spencer Seyb, The Founder

Spencer Seyb built this firm around a principle that guides every case we take: the accused deserve a real defense, not just someone standing next to them at the arraignment. He graduated from Trinity Law School in Santa Ana after earning his degree from the University of Houston, and he has spent over 13 years defending criminal cases across San Bernardino County, Riverside County, Orange County, and Los Angeles.

Spencer’s approach to domestic violence defense is direct. He examines what the police actually did, what evidence they actually collected, and whether the alleged victim’s account holds up under scrutiny. As a criminal defense lawyer in San Bernardino, CA, he knows how the local District Attorney’s office prosecutes these charges and what strategies produce the strongest results in San Bernardino Superior Court.

Free Consultations and Accessible Representation

Every domestic violence case at our firm starts with a free consultation. We review the police report, the charges, the protective order, and any evidence you have. We also explain the potential consequences, including custody implications, firearm restrictions, and immigration risks, so that you understand the full picture before making any decisions. Payment plans are available for clients who need them.

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“Very happy with results. Just recently went through a nightmare that ended up with restraining order and domestic violence misdemeanor charge. I called Seyb Law group and had the pleasure of talking to Micheal Wilkes he walked me through the whole process of what I should do. Answered all questions! I decided to hire them to fight both cases. So grateful I did! My attorney was Nate, he was great! Long story short, my DV charge was dropped and I no longer have a restraining order! Things worked out completely! So happy with outcome!” — Kirbie Beltran

Read more reviews on our Google Business Profile.

Types of Domestic Violence Cases We Handle in San Bernardino

California law divides domestic violence into several distinct offenses. The charge that gets filed depends on whether an injury occurred, the severity of the alleged conduct, and the relationship between the parties. We handle all of them in San Bernardino County.

Domestic battery. Penal Code 243(e)(1) covers willful and unlawful physical contact with a spouse, cohabitant, dating partner, or co-parent. No injury is required for this charge as a push, a grab, or any unwanted contact is enough. It is always a misdemeanor, but a conviction brings up to one year in jail, fines up to $2,000, mandatory domestic violence classes, and a 10-year firearm ban. The line between misdemeanor and felony domestic violence charges often comes down to whether the prosecution can prove a visible injury.
Corporal injury to a spouse. Penal Code 273.5 is the more serious charge and requires proof of a visible or documented injury like a bruise, redness, swelling, scratch. This is a wobbler, which means prosecutors can file it as a misdemeanor or a felony depending on the facts. A felony conviction carries two to four years in state prison and fines up to $6,000.
Criminal threats. Under Penal Code 422, threatening to cause serious harm or death to an intimate partner is a wobbler and, when charged as a felony, a strike under California’s Three Strikes Law. The prosecution must prove the threat was specific, unequivocal, and caused sustained fear.
Restraining order violations. Protective orders are issued in nearly every domestic violence case. Violating one even unintentionally is a separate criminal offense under Penal Code 273.6. We handle both the criminal charge for the violation and the underlying restraining order defense.
Assault and battery. Some domestic violence cases are charged under the general assault and battery statutes when the relationship between the parties falls outside the domestic violence definitions. The defense approach changes depending on the specific statute, and the penalties differ.
Elder abuse. When the alleged victim is 65 or older, charges may be filed under Penal Code 368 instead of or in addition to domestic violence statutes. Elder abuse carries enhanced penalties and is always taken seriously by the San Bernardino DA’s office.

California Legal Requirements for Domestic Violence Cases

The two most commonly charged domestic violence offenses in San Bernardino are Penal Code 243(e)(1) and Penal Code 273.5. The difference is straightforward: 243(e)(1) does not require proof of injury, while 273.5 does. Both apply to the same categories of relationships: spouses, former spouses, cohabitants, dating partners, and co-parents.

California follows a pro-arrest policy under Penal Code 13701, which directs officers to make an arrest when they have probable cause to believe domestic violence has occurred. That policy is why so many people are arrested based on allegations alone, without any physical evidence of an altercation. The standard bail for a PC 273.5 charge in San Bernardino County is $50,000.

A conviction triggers mandatory collateral consequences. Penal Code 29805 imposes a 10-year state ban on firearm ownership for misdemeanor domestic violence convictions. Federal law adds a lifetime ban. The court will issue a protective order under Penal Code 136.2 that can last up to 10 years. And under Family Code 3044, a conviction within the past five years creates a presumption against custody, one that can be overcome, but only with evidence that custody serves the child’s best interest.

Important Aspects of a San Bernardino Domestic Violence Case

False and Exaggerated Allegations

Domestic violence accusations arise in complicated personal situations. Custody battles, divorce proceedings, and contentious breakups all create incentives for one party to exaggerate or fabricate allegations. In our experience, the police report often tells only one side of the story, because officers arriving at the scene make quick judgments based on limited information. We investigate the full picture like prior communications, the accuser’s history, witness statements, and any texts or social media evidence that contradicts the prosecution’s version of events.

Self-Defense

Many people arrested for domestic violence were actually defending themselves. California law permits reasonable force to repel an imminent threat, but the person who calls 911 first often controls the initial narrative. We build self-defense claims using physical evidence, medical records, photographs, and statements from witnesses who saw what actually happened.

Protective Orders and Living Arrangements

The protective order that accompanies a domestic violence charge can upend your daily life. You may be ordered out of your home, restricted from contacting your spouse or partner, and limited in your access to your children. Even incidental contact like running into the alleged victim at the grocery store, or a child handing the phone to the other parent can result in a new arrest. We advise clients on how to comply with these orders while protecting their rights and their relationship with their children.

Diversion for First-Time Offenders

Certain first-time domestic violence defendants may be eligible for a diversion program under California law. Completion of the program results in a dismissal of the charges. Not everyone qualifies, and the DA’s office in San Bernardino exercises discretion in deciding which cases to allow into diversion. We evaluate eligibility early and advocate for it when it is the right path.

DUI and Domestic Violence Together

It is not unusual for a domestic violence arrest to accompany other charges. Alcohol-fueled arguments can lead to both a DUI and a domestic violence charge in the same night. Our firm handles DUI defense in San Bernardino as well, which means we can address both cases with a coordinated strategy rather than splitting your defense between two different attorneys.

Long-Term Consequences

Beyond jail time and fines, a domestic violence conviction affects your custody rights, your ability to own a firearm, your immigration status, and your career. Certain professions such as law enforcement, nursing, teaching, and law require background checks that will flag a domestic violence conviction. After completing probation, it may be possible to pursue dismissal of the charges through expungement, but avoiding a conviction in the first place is always the stronger outcome.

Contact Seyb Law Group

A domestic violence arrest in San Bernardino, CA is serious, but it is not the end of the road. Our domestic violence attorneys have the experience and the record to defend these cases at every stage from the initial arraignment through trial if necessary.