Los Angeles Domestic Violence Lawyer
The charge of domestic violence is a serious matter. It can disrupt your life and cause severe emotional distress to yourself and your family. Understanding the truth behind such a charge is crucial to the outcome of your case. Remember, the victim cannot simply drop the charges. However, with the right legal assistance, you can navigate this challenging situation with confidence.
The prosecutor, who is a representative of the state, decides on a variety of factors, including whether there have been prior acts of domestic violence. Under California Evidence Code 1109, the DA can make a motion to introduce prior incidents of domestic violence as evidence in your case.
The most common charges include corporal injury to a spouse under California Penal Code 273.5 PC and domestic battery under Penal Code 243(e)(1).
At Cron, Israels & Stark, our criminal defense lawyers work with investigators and eyewitnesses to defend our clients and tell their side of the story. We assert and protect your rights and will aggressively challenge the allegations against you.
You may be eligible for alternative sentencing, which could involve community service or counseling instead of spending time in jail, especially if it's your first domestic violence offense.
If charged with domestic violence, you need an attorney with experience and who knows the best defenses that will give you the best chance at avoiding a conviction. Sometimes, domestic violence can be filed as a felony based on different factors.
There are some crimes in California when a prosecutor can file the case as either a misdemeanor, which is a less serious offense, or a felony, a more serious crime – commonly known as a “wobbler.” If you have been arrested for domestic violence, it's essential to begin defending yourself as soon as possible.
After someone is arrested for domestic violence, the criminal court process is stressful, emotional, confusing, and often will frequently divide family unity. To schedule a confidential consultation, contact criminal defense attorneys at our firm today.
When police have trouble determining the identity of the primary aggressor, they often arrest the actual abuser along with the victim in a dual arrest.
Many domestic violence cases are prosecuted without the victim's cooperation. This means that even in domestic violence cases where the victim refuses to testify, the prosecution can still obtain conviction without the victim's testimony.
There are certain situations when the prosecutor could be open to a reduced charge for domestic violence through plea negotiations. In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years.
In California, domestic violence cases are typically considered public records. This means anyone can access the information through the court system, but certain restrictions might apply depending on the specifics of the case. The consequences of a domestic violence conviction can be life-altering because of the loss of a professional license.
Domestic Violence Offenses
The penalties for child abuse can irreparably damage your reputation, both personally and professionally. If you are facing charges related to child abuse, it's crucial to understand the charges and penalties. By getting a skilled defender involved in your case immediately, you can be better prepared to navigate the legal process.
Certain situations can lead to charges of child endangerment. These include physical abuse, neglect or emotional abuse, or accusations regarding operating a vehicle while under the influence of drugs or alcohol with a child present in the car.
A criminal threat under Penal Code 422 PC is a written or spoken threat regarding a violent act, such as threatening to injure or kill another person. When a danger intends to frighten or intimidate a person in your household, family, or former household, misdemeanor or felony charges can be filed against you.
The domestic violence crime of “corporal injury to spouse” is defined under Penal Code 273.5 PC. It's described as willfully inflicting a physical injury on a spouse or intimate partner and is commonly called “domestic abuse.” If the DV victim sustained severe injuries or could be facing a great bodily injury enhancement (GBI) under California Penal Code 12022.7.
Domestic battery is described in Penal Code 243(e)(1) PC and is often referred to as “spousal battery.” It's one of the most common charges filed in a domestic violence-related incident. This crime is generally described as willful and unlawful offensive touching on someone who is your current or former spouse, cohabitant, someone in a dating relationship, or parent of your child.
Get answers to basic questions about defending against criminal accusations of domestic violence. You need to know what to do if you have misdemeanor or felony domestic violence charges filed against you, as the repercussions of a conviction can last a lifetime.
The penalties and sentencing for domestic violence vary based on the level of charges filed. Some are misdemeanors, while others are serious felonies with extensive prison time as part of the punishment that the court could impose.
If you are accused of domestic violence and the custody of your children is at risk, you need to ensure that fast, effective defense action is initiated without delay. Your children could be removed from your custody and suffer a great deal of upheaval and emotional distress, or you could lose custody completely.
Elder abuse is defined under Penal Code 368 and covers many offenses that could occur in different situations. Most elder abuse defendants are members of the family or caregivers. California Penal Code 368(b) PC defines the serious crime of domestic violence against a disabled person or dependent adult. This category falls under the broader and equally serious issue of elder abuse.
Elder abuse crimes arise in other ways – such as physical, mental, or financial. In simple terms, it's a crime to willfully cause or allow an elder or dependent to suffer unjustifiable pain.
Penal Code 236 PC describes the crime of “false imprisonment,” which makes it unlawful to deprive another person of liberty. In other words, if you intentionally detain someone and do not allow them to leave when they want, it's considered false imprisonment.
It is illegal to verbally or physically intimidate your partner with threats of physical force or harm. If you are accused of committing this unlawful act, it is time to get a domestic violence lawyer who is ready to hear your side of the story and will aggressively protect your rights.
Making annoying phone calls is defined under California Penal Code Section 653m. This statute makes it a crime to make repeated or harassing phone calls or phone calls that use obscene or threatening language. Many PC 653m criminal cases are related to domestic violence.
A judge can issue a protective order to protect a person who is believed to be at risk of physical or sexual abuse, stalking, or harassment. These orders are geared to make it less possible for an abuser to come into contact with the alleged victim. Violating a criminal protective order will lead to an immediate arrest and criminal charges. Violating a domestic violence protective order is covered under Penal Code 273.6 PC.
A restraining order will restrict the accused from contacting the alleged victim by phone, letter, email, or in person. It will include the restriction of staying a certain distance from the other person.
You may be unable to enter your home, get your possessions, and be restricted from seeing your children. The crime of violating a restraining or protective order is described in California Penal Code 273.6. A California restraining order will typically appear on a background check.
The DV-110 form, also known as the "Temporary Restraining Order," is typically issued when a family member, spouse, cohabitant, or partner files a request with the court to allege domestic abuse. A civil harassment restraining order is a powerful tool that protects against threats, abuse, stalking, or harassment from individuals with whom one does not always share a close relationship.
Charges of domestic violence can be filed against a person who is in a gay or lesbian relationship. The consequences can be severe, including losing custody of children, being unable to return to your own home, and jail time, as well as fines and mandated treatments.
Charges regarding spousal abuse can either be filed as a misdemeanor or a felony. If you are accused of committing an act of spousal abuse, you could face long-term repercussions, including the inability to enter your own home and access your children, as well as dealing with a criminal charge and all of the ramifications to your personal and professional reputation and future.
The crime of stalking under Penal Code 646.9 PC could potentially be filed as a felony if it is alleged that the accused was under a temporary restraining order, injunction, or other court order, such as a stay-away order. Stalking charges can be severe, and if you have been charged after being served with a restraining order, you could be in serious legal trouble. Aggravated trespassing is defined under Penal Code 601 PC.
Our Lawyer Are On Your Side
There are two sides to any story. Unfortunately, due to political issues that sometimes impact how officials and legislators choose to react to a problem, men and occasionally women are often treated as if they are presumed guilty in domestic violence cases.
California self-defense laws allow you to protect yourself in certain situations. Domestic violence offenses with firearms can result in assault with a deadly weapon charge.
If convicted of a domestic violence-related offense in a Los Angeles criminal court and placed on probation by the court, the judge will order you to complete a 52-week batterers' program known as the Batterers' Intervention Program (BIP).
That's why our attorneys investigate what happened by talking to eyewitnesses, checking emergency room records, and requesting medical records to see if the alleged victim has a history of psychological problems or drug and alcohol abuse.
We also provide a context for what happened, especially in cases where our client acted in self-defense or was also assaulted. It should be noted that if you intentionally detain someone and do not allow them to leave when they want, it's considered false imprisonment.
If convicted of domestic violence, you might be ordered to pay victim restitution for any losses suffered by a victim due to your conduct.
How Restraining Orders Can Complicate Your Life
Many domestic violence victims take out a restraining order against their alleged attacker. If a restraining order is issued against you, attending the hearing to determine if it should be extended and for how long is crucial. At the hearing, you can provide evidence, your testimony, and witness testimony to prove your case.
If a restraining order is issued, you will have to turn in any guns you own; you may have to vacate your house or apartment if you share it with the alleged victim, and you may be ordered to avoid all contact with him or her. Additionally, you may be denied visitation or custody rights of your children.
In many cases, our attorneys can help you fight restraining orders intended to punish or complicate the life of an ex-mate or ex-spouse. We have the resources needed to investigate questionable allegations and expose groundless accusations.
Contact us today to discuss your charges and defense options! We handle criminal cases in Los Angeles County, Orange County, Riverside, San Bernardino, Santa Barbara, and Ventura County.
Resources:
- Best Defenses for Los Angeles Domestic Violence Charges
- Defenses for Los Angeles Domestic Violence Arrest
- Does a PTSD Defense Apply to Criminal Charges?
- Criminal Protective Orders in California
- Criminal Threats Law in California – Penal Code 422
- CALCRIM No. 840. Inflicting Injury on Spouse
- People v. Thompson (1984) 160 Cal.App.3d 220