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.

Domestic Violence covers a wide range of abuse, including spousal abuse and child endangerment. 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 under the California Domestic Violence laws. A skilled and experienced Los Angeles criminal defense attorney from our office can help with your Domestic Violence case.

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)
Verbal, social, and sexual abuse.

Domestic Violence cases in Los Angeles are generally filed under Penal Code section 273.5 - Inflicting Corporal Injury on Spouse or Cohabitant(misdemeanor or felony) and Penal Code section 243(e)(1) - Domestic Battery (misdemeanor).

Domestic Violence Penalties

Domestic violence charges may be filed as a misdemeanor or a felony. How the prosecutor files the criminal charges is based on the seriousness of the case. Severe injuries (including cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filled as a misdemeanor. Both, prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filled - usually as a felony.

Misdemeanors:

Jail sentence (Zero days to one year County jail)
Counseling (52-week program)
40 hours of community service or physical labor (CalTrans)
Various court fines
Stay-Away Order from the victim, including moving out of residence
"No Harm, No Strike" Order for couples.

Felonies:

Jail time (punishable by two to four 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 of residence
"No Harm, No Strike" Order for couples.

Can the victim drop the charges?

In California, 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 criminal defense attorney.

If you feel you are in danger and need to file a Protective Order, such as a restraining order please contact us immediately. We can help.

If you were arrested or charged with domestic violence, contact Los Angeles domestic violence lawyer at our firm right away.