As your trusted San Diego criminal defense attorney at the Griffin Law Office, APC, we are committed to helping our clients understand and navigate the evolving legal landscape. California’s new laws for 2025 bring significant changes to how domestic violence and mental health cases are handled, and these updates could directly impact you or someone you care about.

Here’s what you need to know and how these changes might affect your case.

Domestic Violence

Extended Restraining Orders in Domestic Violence Cases (AB 2308)

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 extension is designed to provide survivors with long-term protection and stability.

What This Means for the Accused: Facing an extended restraining order could have lasting effects on your life, including restrictions on where you can go, what you can do, and your ability to own firearms. These limitations can significantly impact your daily routine, housing, and employment opportunities.

If you’re accused of domestic violence, the stakes are higher than ever. We will fight to ensure that your side of the story is heard and that any restraining orders issued are fair and appropriate.

Mental Health Diversion Updates (SB 1323 & SB 1400)

California has also updated its mental health diversion statutes through the signing of SB 1323 and SB 1400 to better address cases where mental health plays a significant role in criminal behavior. These changes clarify eligibility for diversion programs and provide courts with more guidance on evaluating defendants found incompetent to stand trial.

The Key Changes Include:

  • Eligibility Expansion: Diversion programs are now more accessible for individuals with qualifying mental health conditions who are charged with specific offenses.
  • Interest of Justice: Courts must weigh whether restoring a defendant’s competence for trial or granting diversion aligns better with public safety and the individual’s rehabilitation.
  • Tailored Outcomes: Judges have greater discretion to create customized diversion plans that address each defendant’s unique needs.

What This Means for the Accused: Mental health diversion can offer a path to treatment instead of incarceration. Successful completion of a diversion program can result in your charges being dismissed, giving you a fresh start.

If you’re concerned about competency, these updates ensure that your mental health is carefully considered in court decisions, potentially leading to more favorable outcomes.

We know how critical mental health considerations are in the justice system. Our team will work tirelessly to demonstrate how a diversion program could benefit you and argue for fair treatment under the law.

How the San Diego Criminal Defense Attorney at Griffin Law Office Can Help

Navigating these new legal changes can be daunting when the outcome could profoundly impact your life. At the Griffin Law Office, we understand what’s at stake and are here to provide the guidance and representation you need.

Whether you’re facing accusations of domestic violence or seeking to utilize mental health diversion programs, we will:

  • Analyze your case thoroughly.
  • Advocate for your rights at every stage of the process.
  • Develop a personalized strategy to achieve the best possible outcome.

California’s updates to domestic violence and mental health statutes aim to enhance protections and promote rehabilitation, but they also raise the stakes for those accused of these offenses. As your San Diego criminal defense attorney, we are here to protect your rights and ensure you understand every option available. Contact the Griffin Law Office today if you or someone you know is facing legal challenges related to these changes. Together, we can navigate this evolving legal landscape and secure a brighter future for you.