Domestic Violence Lawyers for La Quinta, Palm Springs and the Coachella Valley

Domestic Violence Defense Attorney Joshua Mulligan, Serving clients facing criminal charges at the Larson Justice Center in Indio since 2007

Why Choose Wilkerson & Mulligan?

• Local Expertise: Since 2007, we’ve walked the halls of the Larson Justice Center, not as strangers but as familiar faces. We’ve built trust with the prosecutors and judges who shape the outcomes here. That trust, born of years of experience, gives us the power to navigate your case where it matters most—right in the heart of the courtroom.

• Representation on Both Criminal Case and Restraining Orders: Comprehensive representation in both criminal cases and restraining orders ensures your rights are protected on all fronts, addressing interconnected legal challenges with a unified strategy to get the best possible outcome. For more information on restraining orders, read our detailed FAQ.

The Stakes Couldn’t Be Higher

A domestic violence conviction is more than a mark on your record—it’s a life-altering hammer blow. We’re talking about:

•  Jail time or even prison

• Crushing fines and restitution payments

• Court-mandated counseling or anger management programs

• Child Custody: you may lose the right to see your children, to hold them, to guide them

• The loss of your livelihood, your professional license, your very ability to provide

• For immigrants, the risk of deportation or being barred from ever returning to this country—all from even a minor conviction

• A permanent criminal record that follows you wherever you go

• Losing your right to own or carry a firearm, guaranteed under the 2nd Amendment.

On top of it all, a criminal protective order can impact your freedom, dictating where you live, who you can see, and how you interact with your own family.

This isn’t just a legal battle; it’s a fight for your future, your family, and your freedom. And when the stakes are this high, you need a domestic violence defense attorney in your corner who knows what’s on the line—and how to protect it.

For more details on the consequences of domestic violence criminal charges, read our detailed FAQ.

Understanding Domestic Violence Charges in California

Domestic abuse charges in California encompass a broad range of alleged conduct, including physical harm, threats of violence, or emotional abuse. These cases often arise between:

• Spouses or former spouses

• Dating or domestic partners

• Individuals who share a child

• Family members, such as parents, siblings, or children

Common Charges Related to Domestic Violence

In California, domestic violence charges often fall under two key statutes:

1. Penal Code §273.5 (Corporal Injury to a Spouse or Cohabitant): This charge involves the intentional infliction of physical injury that results in a "traumatic condition." A traumatic condition can be any bodily injury, even a scratch and can result in felony charges. 

2. Penal Code §243(e)(1) (Domestic Battery): This misdemeanor charge involves harmful or offensive physical contact, even if no visible injury results. PC 243 cases often involve a push or a slap.  

Other related charges may include criminal threats (PC 422), stalking (PC 646.9), child endangerment (PC 273a), or violations of restraining orders (PC 166 and PC 273.6).

Domestic violence law often involves complex issues. We can help.

Domestic violence cases are never simple. They’re tangled up in the threads of mental illness, addiction, recanting witnesses, and the delicate balance of self-defense. It takes more than just any criminal defense attorney to unravel this kind of complexity—it takes a steady hand and a heart that understands the human condition.

Forest and Josh aren’t just attorneys; they’re advocates for people in their darkest hour. They know these cases aren’t black and white. Often, the relationships endure even through the storm, and the legal process only adds more weight to already burdened lives.

Forest and Josh approach every case with care and purpose. They’ll guide you to the help you need—whether it’s treatment, therapy, or support—to show the court not just what happened, but who you are. They know the value of addressing the deeper issues early, laying the groundwork for the best resolution and the lightest sentence. And if it comes to standing before a jury, they’ll make sure your story is told with the dignity and compassion it deserves.

Common Domestic Violence Defense Issues:

Self-defense

In California, self-defense isn’t just a legal principle; it’s a shield for those forced to protect themselves. The law allows someone to use reasonable force to prevent harm to themselves or others when faced with an imminent threat. Evidence Code 1103 opens the door to powerful defenses, permitting evidence of the victim’s violent character. In domestic violence situations, this can reveal a pattern of aggression, shifting the narrative. It’s a battle of truth, where the accused fights for their life and dignity, armed with the right to show who truly stands as the aggressor.

Can the charged be dropped if my partner recants his initial statement?

It’s not as simple as saying, “I want to drop the charges.” In California, once someone is charged with domestic violence, the power to pursue or dismiss it rests with the prosecutor, not the victim. Even if the victim recants or refuses to cooperate, the case can move forward. Prosecutors often view recantations with skepticism, assuming they may result from fear or coercion.

However, a skilled criminal defense lawyer can be pivotal in these situations. They understand how to present evidence, advocate for the accused, and challenge the prosecution’s narrative. If the alleged victim doesn’t testify, the state’s case can weaken, but this isn’t guaranteed. California law generally protects victims from being jailed for refusing to testify, which adds another layer of complexity.

In these cases, a strong legal strategy doesn’t rely on a single point of failure. It’s about knowing the system, leveraging relationships, and crafting a defense that addresses the facts and nuances of the situation. So while it’s not easy to “get the charges dropped,” the right attorney can make all the difference in navigating these tricky waters.

This is a complicated question that comes up frequently. Read our FAQ about recanting a statement.

Mental Health Defenses

The mental health of the accuser or accused can significantly impact a criminal case. For the accused, mental health issues may explain behavior, support an insanity or diminished capacity defense, or mitigate sentencing. For the accuser, mental health challenges can affect credibility, memory, or motives. Courts often weigh expert evaluations and medical records carefully, making mental health a critical factor in understanding the complexities of human behavior and achieving a fair outcome.

Alcoholism and Substance Abuse in Domestic Violence Cases

Drugs and alcohol often play a significant role in domestic violence cases, influencing both behavior and legal outcomes. Substance use can escalate conflicts, impair judgment, and fuel aggression, creating volatile situations. For the accused, intoxication may be a factor in their actions but is rarely a defense under the law. For the accuser, substance use can affect credibility, memory, or perception of events. Courts may order treatment programs alongside penalties, emphasizing rehabilitation and accountability.

Facing Domestic Violence Charges? Contact Us for a Free Consultation

If you or someone you love has been accused of domestic violence in La Quinta, Palm Springs, Indio, or the surrounding areas, don’t wait to seek legal help. Call us at 760-777-4322 or fill out our contact form to schedule a free, confidential consultation today.

Let us help you protect your rights, your reputation, and your future.

Top Domestic Violence Attorneys Serving La Quinta, Palm Springs, Indio, and Beyond

From our law office in La Quinta, we are proud to serve clients charged with domestic violence crimes throughout the Coachella Valley and surrounding communities, including:

• Palm Springs

• Indio

• Cathedral City

• Rancho Mirage

• Palm Desert

We are familiar with the local courts, prosecutors, and judges in these areas, giving us invaluable insights that help us advocate effectively for our clients.