What should I do if I’ve been wrongly charged with domestic violence in California?

If you’re dealing with a situation involving domestic violence, the first step is to clarify whether this is a criminal case or a Child Protective Services (CPS) / juvenile dependency case, because the legal standards, goals, and consequences are very different. In a criminal domestic violence case, the focus is on whether a crime occurred and whether the prosecution can prove beyond a reasonable doubt that you committed an offense (such as battery, assault, or corporal injury). In that context, it is critical to gather proper evidence and build a strong defense—this may include showing that you were not the aggressor, that the allegations are false or exaggerated, or that your actions were legally justified as self-defense. Evidence such as witness statements, photos, text messages, 911 calls, medical records, and prior incidents can be crucial in establishing your defense and protecting your rights.

By contrast, in a CPS or juvenile dependency case, the focus is not on punishing a crime but on the safety, protection, and emotional well-being of the child. The legal standards are lower than in criminal court, and CPS can make findings of domestic violence even if you were the victim or even if there was no physical or offensive touching. For example, verbal arguments, conflict in the home, or exposure of a child to ongoing domestic discord can be enough for CPS to allege that a child is at risk of emotional harm. In these cases, the court is primarily concerned with whether the child has been harmed or is at risk of harm, not necessarily who is at fault in the traditional criminal sense. As a result, CPS may initiate an investigation, require services, or in more serious cases, seek removal of the child from the home.

Because of these differences, it is extremely important in a CPS matter to conduct a thorough factual investigation, understand the surrounding circumstances, and present evidence showing that the child is safe in your care, that any issues are being addressed, and that removal is not necessary. This can include demonstrating participation in services, stable housing, parenting ability, and insight into the situation. Ultimately, while criminal cases focus on guilt or innocence, CPS cases focus on child safety and risk, which means the same set of facts can be treated very differently depending on the type of case. This information is provided for educational and informational purposes only, is not legal advice, and does not create an attorney-client relationship. It is always best to consult with a licensed attorney to evaluate the specific facts of your situation.