Bakersfield · Kern County
Bakersfield Domestic Violence & Domestic Battery Defense Lawyer
Accused of domestic violence or domestic battery in Kern County? Protect your freedom, your family, your record, and your rights.
A domestic violence or domestic battery accusation can immediately affect where you live, who you can contact, whether you can see your children, and whether you can possess firearms. Christopher Martens is a trial-tested Bakersfield criminal defense attorney who focuses on DUI, domestic violence, and domestic battery defense and has handled thousands of criminal cases since 2005.
Do not violate a protective order. Get legal guidance before contacting the other person or returning home.
Domestic violence defense focus
Thousands of criminal cases handled
Bakersfield trial attorney
Free confidential consultation
Protective order warning: If there is a criminal protective order, do not contact the protected person unless a lawyer confirms what the order allows. Even friendly contact can create a new criminal problem.
Domestic Battery vs. Assault
Domestic Battery Is Not The Same As Assault — And Both Need A Vigorous Defense
People often use "domestic violence," "domestic battery," and "assault" as if they mean the same thing. In California, they don't. The exact code section the District Attorney files under controls the punishment, the immigration consequences, the firearm prohibitions, and whether the case becomes a strike. Understanding the difference is the first step in defending the case.
Domestic Battery — Penal Code 243(e)(1)
Domestic battery is the willful and unlawful use of any force or violence against a current or former spouse, cohabitant, fiancé(e), dating partner, or co-parent. No injury is required. A push, a grab, or a slap with no marks left behind can still be charged as domestic battery.
- Misdemeanor — up to 1 year county jail
- Mandatory 52-week batterer's intervention program
- 10-year California firearm ban (lifetime federal)
- Protective order and custody impact
Assault — Penal Code 240
Assault is an attempt to commit a violent injury — no touching is required. If the contact actually happens, it becomes battery (PC 242). Simple assault is a general offense; it is not limited to a domestic relationship and does not automatically carry the same firearm and counseling consequences as domestic battery.
- Misdemeanor — up to 6 months county jail
- No mandatory 52-week DV class
- No automatic DV firearm ban (other rules may apply)
- Can be enhanced — PC 245 (deadly weapon), PC 273.5 (corporal injury)
Why this matters: Negotiating a domestic battery (PC 243(e)(1)) down to a simple assault (PC 240) — or to a non-domestic disturbing-the-peace (PC 415) — can save firearm rights, eliminate the 52-week class, and avoid immigration consequences. Whether the charge is domestic violence, domestic battery, corporal injury (PC 273.5), or assault, Martens Law Firm builds a vigorous defense aimed at the best possible reduction or dismissal.
What To Do Right Now After A Domestic Violence Arrest
STEP 01
Do not contact the protected person if an order says not to.
STEP 02
Do not explain your side to police without legal advice.
STEP 03
Save texts, photos, call logs, videos, and witness names.
STEP 04
Call Martens Law Firm before your first court date.
The Accusation Is Not The Whole Story
Domestic violence cases often begin with one emotional 911 call, one police report, and one side of a complicated relationship. A strong defense requires careful review of what was said, what was recorded, what injuries actually show, whether self-defense was involved, and whether the prosecution can prove the charge beyond a reasonable doubt.
Domestic Violence Case Impact
A single accusation can ripple into many areas of life.
Jail
Protective order
Firearms
Child custody
Job/licensing
Immigration
Housing
Criminal record
What A Domestic Violence Charge Can Affect
| Consequence | Why It Matters | Defense Focus |
|---|---|---|
| Jail or probation | Penalties depend on charge level and priors | Fight charges, pursue reductions or alternatives |
| Criminal protective order | Restricts contact, home access, and more | Address scope and modification options |
| Firearm restrictions | DV cases can suspend or end gun rights | Protect rights where the law allows |
| Child custody and visitation | Family court can be impacted by criminal allegations | Coordinate strategy across cases |
| Home access | You may be barred from your residence | Seek lawful adjustments where possible |
| Employment | Some jobs require disclosure or screening | Discuss record-related options |
| Professional licensing | Boards may review allegations or convictions | Tailor defense to licensing risk |
| Immigration concerns | DV charges can carry serious immigration consequences | Coordinate with immigration counsel |
| Criminal record | Lasting impact on housing, school, jobs | Pursue dismissal or reduction where possible |
Reported Case Result
Domestic Violence Case Result: Dismissed With Prejudice
Martens Law Firm has reported a domestic violence result where a client charged with corporal injury / domestic battery-related allegations had the case dismissed with prejudice on the day of trial, with no jail, no fine, and no criminal record.
Past results do not guarantee future outcomes. Every case is different.
How Martens Law Firm Builds A Domestic Violence Defense
The goal is not to process the case. The goal is to understand the facts, expose weaknesses, protect the client from avoidable mistakes, and pursue the best available outcome — whether that is dismissal, reduction, diversion where available, or trial.
FOCUS 01
Independent investigation
FOCUS 02
Witness interviews
FOCUS 03
Bodycam and 911 review
FOCUS 04
Injury and photo analysis
FOCUS 05
Protective order strategy
FOCUS 06
Negotiation from strength
FOCUS 07
Trial preparation
Case Path Timeline
A general view of how DV cases move. Your timeline depends on the facts of your case.
- 1
Arrest or report
- 2
Emergency or criminal protective order
- 3
Arraignment
- 4
Discovery review
- 5
Investigation
- 6
Negotiation or motions
- 7
Trial preparation
- 8
Dismissal, reduction, plea, or trial
Domestic Violence Defense In Bakersfield And Kern County
Martens Law Firm represents clients in Bakersfield and Kern County courts, including cases that may be heard through the Metropolitan Division and branch court locations depending on where the arrest or charge originated.
Kern County Areas Served
- Bakersfield
- Delano
- Lamont
- Mojave
- Ridgecrest
- Shafter
- Kern County communities
Domestic Violence Defense — Frequently Asked Questions
Can the alleged victim drop domestic violence charges?+
The prosecutor controls whether criminal charges continue. The other person's wishes may matter, but they do not automatically end the case.
Can I go home after a domestic violence arrest?+
It depends on the protective order and release terms. Do not return home or contact the protected person until you know what the court order allows.
Will I lose my gun rights?+
Domestic violence protective orders and convictions can affect firearms. Speak with a defense lawyer immediately if firearms are an issue.
What if I acted in self-defense?+
Self-defense can be an important issue. Save evidence and witness information, and discuss the facts privately with a lawyer.
Will this affect custody of my children?+
Domestic violence allegations can affect custody and visitation. The criminal case strategy should account for family-related consequences.
Should I talk to police to explain what happened?+
Do not give statements without legal advice. Even truthful statements can be misunderstood or used against you.
Your Next Move Matters
If you were arrested, charged, or served with a protective order in Bakersfield or Kern County, call Martens Law Firm before making contact, going to court, or trying to explain your side alone.