Domestic Violence

Domestic Violence Defense Attorney in Placer County

Tiemann Defense | Roseville, Lincoln, Auburn & Rocklin Criminal Defense Lawyer

 

If you are facing a domestic violence charge in Placer County, you may be dealing with jail exposure, a protective order, loss of firearm rights, and long-term damage to your record. Domestic violence arrests often result in immediate court action and strict release conditions.

Tiemann Defense represents individuals charged with domestic violence throughout Placer County, including Roseville, Lincoln, Auburn, and Rocklin.

📞 Call 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

What Is a Domestic Violence Case in California?

A domestic violence case involves allegations of abuse, threats, violence, or violation of a protective order against someone with whom you have a qualifying relationship, including:

• Spouse or former spouse
• Cohabitant or former cohabitant
• Dating or former dating partner
• Fiancé(e)
• Parent of your child

Charges range from misdemeanors to serious felonies (wobblers), depending on injuries, prior convictions, and the specific allegations.

Common Domestic Violence Charges in Placer County

PC 243(e)(1) – Domestic Battery (Misdemeanor)

Elements:

1. Willful touching;
2. Harmful or offensive;
3. Against a qualifying partner.

No injury is required.

Penalties:

• Up to 1 year in jail
• 52-week batterer’s program
• Probation
• Criminal protective order
• Firearm prohibition

PC 273.5 – Corporal Injury to a Spouse/Cohabitant (Wobbler)

Elements:

1. Willful infliction of injury;
2. Resulting in a “traumatic condition” (even minor bruising qualifies);
3. Against a protected partner.

Misdemeanor: Up to 1 year in jail
Felony: 2, 3, or 4 years in state prison

Prior convictions increase penalties.

PC 422 – Criminal Threats (Wobbler)

Elements:

1. Threat to kill or cause great bodily injury;
2. Specific and unequivocal;
3. Victim reasonably experienced sustained fear.

Felony criminal threats is a strike offense.

PC 236 – False Imprisonment (Wobbler)

Unlawful restraint or confinement of another person.

Felony exposure exists if violence or menace is used.

PC 273.6 – Violation of Protective Order

Knowingly violating a criminal protective order can result in new misdemeanor or felony charges.

Wobblers & 17(b) Reductions

Many domestic violence charges are wobblers, meaning they can be filed as felonies or misdemeanors.

Under Penal Code 17(b), certain felony wobblers may be reduced to misdemeanors:

• Anytime during the case
• At sentencing
• After successful probation

A 17(b) reduction can significantly improve employment, licensing, and background consequences.

Criminal Protective Orders (CPOs)

At arraignment, courts typically issue a Criminal Protective Order, often requiring:

• No contact with the alleged victim
• Move-out orders
• Firearm surrender

Even if the alleged victim wants contact, only the judge can modify the order.  When requested we help negotiate a peaceful contact order which allows for contact between the parties.

Mental Health Diversion – PC 1001.36

In some domestic violence cases, Mental Health Diversion may be available.

What Is Mental Health Diversion?

Penal Code §1001.36 allows eligible defendants with qualifying mental health conditions to receive treatment instead of criminal prosecution.

Eligibility Requirements

The court must find:

1. The defendant suffers from a qualifying mental disorder (such as PTSD, bipolar disorder, depression, etc.);
2. The disorder played a significant role in the offense;
3. Symptoms would respond to treatment;
4. The defendant agrees to comply with treatment;
5. The defendant does not pose an unreasonable risk to public safety.

Is Diversion Available in Domestic Violence Cases?

Mental health diversion can apply to many domestic violence offenses, including:

• PC 243(e)(1)
• PC 273.5
• PC 422
• PC 236

However, cases involving serious violence or significant injury may be more difficult to qualify.

What Happens if Diversion Is Granted?

• Criminal proceedings are suspended
• The defendant completes treatment (up to 2 years)
• If successfully completed, the case is dismissed

A dismissal avoids a criminal conviction.

Military Diversion – PC 1001.80

Military diversion is available to current or former U.S. service members suffering from service-related conditions.

Eligibility

The defendant must:

• Be a current or former member of the U.S. military
• Suffer from a condition such as PTSD, TBI, substance abuse, or other service-related mental health issue
• Show the condition played a role in the offense

Domestic Violence & Military Diversion

Military diversion may be available in certain domestic violence cases that are not statutorily excluded.

The court evaluates:

• Nature of the offense
• Criminal history
• Nexus between service-related condition and the conduct

Successful Completion

If diversion is successfully completed:

• The charges are dismissed
• No conviction is entered
• The arrest may be sealed

Military diversion can be life-changing for eligible veterans in Placer County facing domestic violence charges.

Defenses in Domestic Violence Cases

Common defenses include:

• False allegations during divorce or custody disputes
• Self-defense
• Lack of injury (in PC 273.5 cases)
• Lack of sustained fear (PC 422)
• Insufficient evidence
• Credibility issues

Early investigation, body camera review, and witness interviews are critical.

Penalties & Collateral Consequences

Domestic violence convictions can result in:

• Jail or prison
• 52-week batterer’s program
• Protective orders
• Immigration consequences
• Loss of firearm rights (often lifetime federal ban)
• Professional license consequences

Diversion, charge reductions, or dismissal may dramatically change these outcomes.

Domestic Violence Lawyer in Roseville, Lincoln, Auburn & Rocklin

Domestic violence cases in Placer County Superior Court require strategic and immediate action. Evaluating eligibility for:

• Charge reduction
• 17(b) motion
• Mental Health Diversion
• Military Diversion
• Protective order modification

can significantly impact the outcome.

Contact Tiemann Defense Today

If you are charged with domestic violence in Roseville, Rocklin, Auburn, or Lincoln, you need experienced representation immediately.

📞 Call 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

Early intervention can protect your record, your rights, and your future.

Tiemann Defense – Strategic Criminal Defense in Placer County.