Los Angeles Domestic Violence Lawyer

Defending Clients Facing Domestic Violence Charges in California

With a history of success in criminal law, Stephen G. Rodriguez & Partners provides clients with high-quality legal advice to help achieve a favorable outcome. Our Los Angeles domestic violence lawyer is adept at defending those accused of domestic violence, with a proven track record of attaining positive results. With more than 75 years of combined experience, protecting our clients' rights and providing compassionate support during and after court proceedings remain our priorities. Our Los Angeles domestic violence attorney is committed to ensuring justice is ultimately served.

Have you been accused of domestic violence? Call Stephen G. Rodriguez & Partners today at (213) 481-6811 or contact us online to schedule a consultation with our domestic violence attorneys in Los Angeles!

What is Considered Domestic Violence?

In California, domestic violence is not limited to physical hitting. It is defined as abuse or threats of abuse between people who are in an "intimate relationship." This includes:

• Current or former spouses
• Cohabitants (people who live or lived together)
• Dating partners (current or former)
• People who have a child together
• Engaged couples

Domestic violence encompasses a wide range of abuse, including spousal abuse, elder abuse, child abuse, and child endangerment. Any threatening or violent act, even if the accused did not intend to harm the victim, can lead to prosecution under California law. 

The law also recognizes several forms of abuse beyond physical battery, such as sexual assault, stalking, harassment, criminal threats, and even financial or emotional control that rises to the level of "disturbing the peace."

California Domestic Violence Laws

California handles domestic violence through both criminal and civil statutes. The two most common criminal charges filed in Los Angeles are:

Domestic Battery (Penal Code 243(e)(1))

This is a misdemeanor charge. It applies when you use force or violence against an intimate partner. Crucially, no visible injury is required. A simple push, shove, or grabbing someone’s arm during an argument can lead to a PC 243(e)(1) arrest.

Corporal Injury on a Spouse or Inhabitant (Penal Code 273.5)

This is a more serious "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony. It requires the victim to have suffered a "traumatic condition," which can be as minor as a bruise, redness, or a small cut.

Understanding California's Mandatory Arrest Policy in Domestic Violence Cases

In California, the mandatory arrest policy for domestic violence offenses requires law enforcement to arrest if there is probable cause to believe a domestic violence incident occurred. This policy aims to protect victims and prevent further harm in domestic violence situations.

Probable cause can be established if the officer has reasonable grounds, such as visible injuries, victim statements, witnesses, or other evidence at the scene. 

The policy's main objective is to ensure victim safety and prevent further violence by removing the alleged perpetrator from the situation. Once an arrest is made, the legal process may involve court proceedings, protective orders, and potential penalties if found guilty. 

Domestic Violence Charges & Penalties in CA

The consequences of a domestic violence conviction in Los Angeles are severe and go far beyond just jail time.

Collateral consequences include:

• Immigration: Domestic violence is considered a "crime of moral turpitude" and can lead to deportation for non-citizens.
• Child Custody: A conviction creates a "rebuttable presumption" that you should not have legal or physical custody of your children.
• Professional Licenses: Doctors, nurses, and teachers may face the loss of their professional credentials.

Domestic Violence Restraining Orders (DVRO)

A Restraining Order is a civil court order that protects people from being abused. In Los Angeles, there are three main types:

• Emergency Protective Order (EPO): Issued by police at the scene of a domestic call. It lasts only 5-7 days.
• Temporary Restraining Order (TRO): Issued by a judge after you file paperwork, usually lasting 21-25 days until your hearing.
• Permanent Restraining Order: Granted after a court hearing where both sides present evidence. These can last up to 5 years and can be renewed.

A DVRO can order the restrained person to move out of the house, stay 100 yards away, and have no contact with the protected person or their children.

Strategic Defenses Against Domestic Violence Charges

Being arrested for domestic violence does not mean a conviction is inevitable. In many Los Angeles cases, a skilled attorney can identify weaknesses in the prosecution’s narrative. Common legal defenses include:

• Self-Defense or Defense of Others: California law allows you to use reasonable force to protect yourself or your children from imminent harm.
• False Accusations: It is a harsh reality that allegations are sometimes fabricated to gain an advantage in a divorce or custody battle. We look for inconsistencies in statements and digital footprints (texts/emails) that reveal a motive to lie.
• Accident: If the contact was unintentional—such as accidentally bumping into someone during a heated argument—the "willful" intent required for a crime is missing.
• Lack of Evidence: The "beyond a reasonable doubt" standard is high. If there are no photos, no medical records, and no independent witnesses, the case may lack the necessary corroboration to move forward.

Domestic Violence FAQs

Does the victim have the power to "drop the charges"?

In California, no. Once the police are called and an arrest is made, the case belongs to the Los Angeles District Attorney. Even if the victim signs a declaration saying they don't want to prosecute, the DA can—and often does—press forward with the case.

What if I was acting in self-defense?

Self-defense is a valid legal defense. If you used "reasonable force" to protect yourself or your children from an immediate threat, you may be able to get your charges dismissed.

How long does a domestic violence case stay on my record?

A conviction stays on your criminal record permanently unless you successfully petition for an expungement. However, even with an expungement, the conviction may still be used as a "prior" if you are charged again in the future.

Can I still see my kids if there is a restraining order?

It depends on the specific language of the order. Some orders allow for "peaceful contact" for the exchange of children, while others are "no-contact" orders. We can petition the court to modify these orders to allow for supervised visitation.

Why Choose Stephen G. Rodriguez & Partners?

Choosing the right attorney can have a major impact on your case. At Stephen G. Rodriguez & Partners, we offer:

• Extensive experience handling domestic violence cases in Los Angeles
• Personalized legal strategies
• Strong negotiation and courtroom advocacy
• Compassionate, judgment-free representation

We understand that being accused of domestic violence does not define who you are. Our goal is to help you move forward with confidence and protect what matters most to you.

Contact Stephen G. Rodriguez & Partners today to schedule a FREE consultation with our Los Angeles domestic violence lawyer!