Domestic Violence Lawyer In Los Angeles
What is domestic violence?
Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships:
- Married Couples (also known as Spousal Abuse)
- Cohabiting Couples
- Persons who have a child or children in common
- Persons in a dating relationship or who were in a former dating relationship
- Persons who were formerly married to each other
Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution and in such a case a Los Angeles criminal defense attorney can help.
Domestic violence cases are treated differently than other criminal cases. There are designated prosecutors and special Domestic Violence Units (DV Units) within the prosecutor's office that stand ready to aggressively prosecute anyone charged with domestic violence.
Examples of domestic violence abuse include:
- Threats
- Intimidation
- Annoying Phone Calls
- Stalking (such as following the victim to and from work and threatening the victim)
- Physical Assault or abuse (hitting, slapping, pushing, shoving or kicking)
Domestic violence charges may be filed as a misdemeanor or a
felony. How the prosecutor files it is based on the seriousness of the case.
Domestic Violence Punishments & Consequences
Misdemeanors:
- Brief jail sentence (0 to 6 months County jail)
- Counseling (52-week program)
- 40 hours of community service or physical labor (CalTrans)
- Various fines
- Stay-Away Order from the victim, including moving out from residence
- "No Harm, No Strike" Order for couples
Felonies:
- Jail time (ranges from 3 months in County jail to 3 years in state prison)
- Counseling (52-week program)
- 40 hours of community service or physical labor (CalTrans)
- Various fines
- Stay-Away Order from the victim, including moving out from residence
- "No Harm, No Strike" Order for couples
What if the victim wants to drop the charges?
In Los Angeles, you can be arrested and prosecuted for domestic violence even if the victim does not want you arrested.
In some cases, especially with spousal abuse, it is very difficult for the victim to drop charges against the abuser. The prosecutor can proceed with the criminal case even if the alleged victim decides not want to go to court. The prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.
Los Angeles Domestic Violence Defense Attorney
The law regarding domestic violence is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending domestic violence cases.
An experienced attorney in these types of cases can successfully defend those who are accused of domestic violence and take advantage of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members. Speak with an experienced attorney.
If you feel you are in danger and need to file a Protective Order, such as a
restraining order please contact us immediately.
If you are charged with domestic violence or are a victim of it, contact Los Angeles domestic violence lawyerat our firm right away.