California has implemented significant changes to its domestic violence laws in 2024 and 2025, representing a comprehensive overhaul aimed at strengthening protections for survivors while creating new challenges for those accused of domestic violence. Understanding these developments is crucial for anyone navigating the complex intersection of criminal law and family court proceedings.
Recent Legislative ChangesGovernor Newsom signed bipartisan bills aimed at enhancing resources for survivors and improving access to vital legal protections, including several key pieces of legislation that took effect in 2025. AB 2024 by Assemblymember Blanca Pacheco (D-Downey) streamlines the filing process for restraining orders, while AB 2308 by Assemblymember Laurie Davies (R-Oceanside) extends domestic violence protective orders for up to 15 years.
The most significant change involves the extension of restraining order duration. With the signing of AB 2308, under the amended Penal Code (PC) 273.5, courts can now issue restraining orders in domestic violence cases that last up to 15 years, an increase from the previous 10-year limit. This represents a 50% increase in the maximum duration of protective orders, fundamentally altering the long-term consequences for those subject to such orders.
Additionally, currently in California, restraining orders can expire before someone convicted of domestic violence is released, leaving victims scrambling. New legislation addresses this gap by ensuring better coordination between criminal sentences and restraining order durations.
Criminal Defense Attorney's Role in MitigationThe enhanced penalties and streamlined processes make the role of an experienced criminal defense attorney more critical than ever. Effective mitigation strategies begin immediately after an arrest, as it's essential that you refrain from speaking about the incident with law enforcement without legal counsel present.
A skilled criminal defense attorney can implement several mitigation strategies. To advocate for dismissal of the charges on behalf of your client, who has been accused of domestic violence, it is essential that an experienced criminal defense attorney take the following steps: Obtain and Review the Police Report. This thorough review often reveals procedural errors, inconsistencies, or constitutional violations that can weaken the prosecution's case.
Numerous legal strategies can be used to achieve the best possible outcome in most domestic violence cases. Negotiating with the prosecutor for lesser charges or even a case dismissal is a primary focus. Defense attorneys can present mitigating factors such as the defendant's lack of prior criminal history, completion of anger management programs, or evidence of mutual combat rather than one-sided aggression. Importantly, the alleged victim's voice should be heard regarding the consequences of the incident. Frequently, they call the police to mediate disputes and are shocked and angered when the police arrest the suspect over their wishes.
The charging decision often determines whether a case proceeds as a felony or misdemeanor. The idea is to get the charges reduced or dismissed at an early stage by making sure the mitigation outweighs the reasons to prosecute in the instant case. This early intervention is crucial because domestic violence convictions carry severe collateral consequences including loss of Second Amendment rights, immigration consequences, and professional licensing issues.
For those facing probation violations, defense attorneys can negotiate alternatives to incarceration. If you violate any probation conditions, the judge can revoke probation and send you back to jail or prison. However, experienced counsel can present evidence of compliance with other conditions and argue for modification rather than revocation.
Post-conviction relief options have also expanded. For individuals who have been convicted of domestic violence, expungement or record sealing can provide a path to a fresh start. Defense attorneys can guide clients through these processes, which become increasingly important given the extended duration of restraining orders.
Restraining Order Attorney's Strategic RoleThe civil restraining order proceedings run parallel to criminal cases but require specialized expertise. An attorney can help protect your rights throughout the process, whether it's gathering and presenting evidence, representing you in court, or negotiating the terms of a restraining order. This representation is particularly crucial given the streamlined filing process under AB 2024, which may result in more restraining orders being issued with less judicial scrutiny.
A domestic violence restraining order attorney must address both immediate and long-term consequences. The 15-year maximum duration means that these orders can affect employment, housing, child custody, and firearm ownership for nearly two decades. Skilled attorneys can challenge the evidence supporting the restraining order, negotiate more limited restrictions, or advocate for shorter durations based on the specific circumstances.
They will also ensure that any custody or visitation orders are in the best interest of your children, which is particularly important as restraining orders often include provisions affecting parental rights. The intersection of family law and domestic violence law requires attorneys who understand both systems and can coordinate strategies across multiple proceedings.
The enhanced legislative framework also creates opportunities for strategic advocacy. Attorneys can argue that the increased penalties and extended durations warrant more rigorous due process protections, potentially resulting in more favorable outcomes for their clients.
ConclusionCalifornia's 2024-2025 domestic violence law changes represent a significant shift toward enhanced victim protection but create new challenges for accused individuals. The combination of streamlined restraining order processes, extended duration limits, and enhanced criminal penalties necessitates immediate, expert legal representation. Irvine, Newport Beach, Orange County criminal defense and restraining order attorney William Weinberg can play crucial roles in navigating these complex legal waters, with early intervention and coordinated strategies being essential for achieving optimal outcomes in an increasingly challenging legal environment. He may be reached 24 hours a day at (949) 474.8008 or at bill@williamweinberg.com