False accusations destroy families. We expose inconsistencies and fight to protect your freedom, your children, and your future.
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Domestic violence charges are among the most emotionally charged and aggressively prosecuted criminal cases in San Bernardino County. They are also among the most commonly based on false, exaggerated, or retaliatory accusations. Disputes over divorce, child custody, property, or finances frequently escalate into criminal allegations — and once a domestic violence report is filed, law enforcement and prosecutors treat the allegation as truth until proven otherwise.
California law requires police to make an arrest when called to a domestic dispute if they believe a crime occurred. That means an officer's subjective judgment — made in minutes at a chaotic scene — can set in motion a criminal case that threatens your freedom, your relationship with your children, your career, and your housing. You can lose everything based on a single phone call.
At The Smalls Firm, we have defended domestic violence cases in San Bernardino County for over 20 years. We know how to expose inconsistencies in the accuser's story, challenge medical evidence, present evidence of false reporting, and build a defense that tells your side of the story — with the skill and force it deserves. Your family matters. Your freedom matters. Let us fight for both.
We also understand that some domestic violence cases involve genuine complexity — situations where both parties bear responsibility, where the accused acted in self-defense, or where the accuser has since recanted. Every case is different, and we approach every case without judgment, with one goal: the best possible outcome for you.
After a domestic violence arrest, an Emergency Protective Order (EPO) is typically issued immediately, potentially removing you from your home and cutting off access to your children. You have the right to challenge this order. Call (909) 501-6882 immediately — we move fast to contest protective orders and protect your access to your family while your case is pending.
Domestic violence cases often come down to credibility — whose story a jury believes. We build the strongest possible case for yours.
Domestic violence allegations are sometimes fabricated or exaggerated for strategic advantage in divorce, child custody, or immigration proceedings. We investigate the accuser's motives thoroughly — reviewing their history, prior statements, communications, and the timeline of the accusation relative to other legal proceedings. Inconsistencies in their story, prior false reports, and evidence of motive to lie are all powerful tools that can destroy the prosecution's case before trial.
California law recognizes the right to defend yourself from imminent physical harm — even within a domestic relationship. If you were the victim of violence and responded to protect yourself, we present a self-defense claim forcefully and completely. We gather evidence of the complaining witness's history of violence, prior incidents, and the physical evidence from the scene to establish that you acted reasonably to protect yourself or others in your household.
Prosecutors frequently rely on photographs of injuries and medical reports to prove force was used. We retain medical experts when necessary to challenge whether injuries are consistent with the accuser's story, whether they could have been self-inflicted, whether they existed prior to the alleged incident, or whether their severity has been overstated. Medical evidence that seems damning at first glance often unravels under expert scrutiny.
It is common for alleged victims of domestic violence to recant their accusations — either because the accusation was false to begin with or because they want to preserve the relationship. However, once a domestic violence report is made in California, the decision to proceed with prosecution belongs to the district attorney, not the alleged victim. The DA can and often does proceed over the victim's objection. We work proactively with recanting witnesses and the prosecution to pursue the most favorable resolution possible.
In domestic violence cases, the complaining witness is the prosecution's entire case. We conduct thorough impeachment preparation — reviewing prior statements, text messages, social media posts, and other communications for inconsistencies. A witness who has told the story differently at different times, who has a history of false accusations, or who has a documented financial or custody motive to lie will struggle to survive rigorous cross-examination at trial.
California Penal Code 1000.6 established a domestic violence diversion program for eligible defendants. Successful completion of a certified batterers' treatment program can result in dismissal of charges and a clean record. Not every case qualifies, and not every defendant should pursue this path — but for those who do, it offers a powerful alternative to conviction. We evaluate eligibility honestly and pursue diversion aggressively when it serves your best interests.
Penal Code 273.5 — willful infliction of corporal injury resulting in a traumatic condition upon a spouse, cohabitant, or the parent of your child — is a wobbler offense in California, meaning it can be charged as either a felony or a misdemeanor depending on the severity of the alleged injury and your prior criminal history. A felony conviction carries up to 4 years in state prison.
The key element is "traumatic condition" — which the prosecution must prove was caused by the application of force. We challenge both the cause and the extent of alleged injuries, present alternative explanations, and attack the credibility of the accuser's account of how the injury occurred.
Penal Code 243(e)(1) — domestic battery — is the misdemeanor version of domestic violence, covering any willful and unlawful use of force or violence against an intimate partner. Unlike PC 273.5, no visible injury is required. A push, a grab, or any unwanted physical contact can support a domestic battery charge. The consequences are still severe: up to 1 year in county jail, fines, mandatory completion of a 52-week batterers' treatment program, and — critically — a lifetime federal firearm ban.
Domestic battery cases often come down to competing accounts with no independent witnesses. We force the prosecution to prove every element beyond a reasonable doubt, and we expose every weakness in their case.
Criminal threats — also known as terrorist threats — charges under PC 422 are frequently filed alongside domestic violence charges when one party allegedly threatened the other with harm. This is a wobbler that can be charged as a felony carrying up to 3 years in state prison. It is also a strike offense under California's Three Strikes law.
Criminal threats charges require proof that the threat was specific, unconditional, immediate, and that the victim was in sustained fear — each of these elements creates defense opportunities. Vague, conditional, or non-credible statements are not criminal threats under California law, and we hold the prosecution to that standard.
Domestic disputes sometimes lead to child abuse or child endangerment charges alongside the primary domestic violence allegation. PC 273d — willful infliction of cruel or inhuman corporal punishment upon a child — is a wobbler carrying up to 6 years in state prison as a felony. PC 273a — child endangerment — covers situations where a child is placed in a dangerous situation even without direct physical contact.
These charges carry enormous consequences beyond criminal penalties, including mandatory reporting to child protective services and potential impact on child custody in family court. We coordinate the criminal defense with your family law situation to protect your parental rights on every front.
Once a protective order is in place — whether an Emergency Protective Order, a Temporary Restraining Order, or a permanent restraining order — any contact with the protected party is a criminal offense under Penal Code 273.6. This includes text messages, calls, social media contact, or contact through third parties. A first violation is a misdemeanor; subsequent violations or violations involving violence can be charged as felonies.
Many protective order violations occur accidentally — when the protected party initiates contact, when both parties agree to meet, or when someone doesn't fully understand the scope of the order. We defend these cases aggressively and work to have invalid or overly broad orders modified or terminated.
Penal Code 368 — elder abuse — covers physical abuse, emotional abuse, neglect, financial exploitation, or abandonment of a person age 65 or older. In the domestic context, these charges most commonly arise in caregiver relationships, adult children caring for aging parents, or spouses where one partner is significantly older. A felony elder abuse conviction carries up to 4 years in state prison, with enhancements if great bodily injury occurred.
Elder abuse cases often involve difficult family dynamics and legitimate caregiving situations that are mischaracterized as abuse. We present the full context of the relationship and challenge the characterization of the defendant's conduct as intentional abuse rather than difficult caregiving.
Domestic violence cases move fast. Understanding the process — and acting quickly — can make the difference between conviction and dismissal.
After a domestic violence arrest, police typically issue an Emergency Protective Order (EPO) on the spot, effective for 5 to 7 days. This order can bar you from your home and restrict contact with your children. Call us immediately — we move fast to contest EPOs and begin building your defense before the prosecution has time to solidify their case.
After the arrest, the case goes to the District Attorney's office for review. The DA decides whether to file charges and what charges to file — and they make this decision based on the evidence available, including the police report, photographs, and the alleged victim's statement. If we can make a compelling presentation to the DA early enough, it is sometimes possible to prevent charges from being filed altogether, or to have charges significantly reduced before the case enters the court system.
At arraignment, charges are formally entered and the court addresses the restraining order situation. The EPO is typically replaced with a Criminal Protective Order (CPO) that can last the duration of the case. We contest the scope of the CPO and fight for the most limited order possible — preserving your ability to have contact with your children and, if appropriate, remain in your home.
This is where the defense is built. We gather all evidence — police reports, 911 call recordings, body camera footage, photographs, medical records, and any prior incidents involving the parties. We conduct our own investigation into the alleged victim's background, prior statements, and motive. We obtain text messages, emails, and social media communications that tell the true story of what happened and what relationship dynamic the parties had.
With a complete picture of the evidence, we negotiate with prosecutors from a position of strength. In many domestic violence cases, we achieve significant charge reductions, dismissals, or diversion program placements. If trial is the right path, we take it. We are experienced domestic violence trial attorneys, and we know how to present a defense that creates real doubt in the minds of jurors who often arrive in court with preconceived notions about domestic violence defendants.
Your case review is 100% confidential. No cost, no obligation. The sooner you call, the more we can do to protect your family and your freedom.