Los Angeles, California Domestic Violence Lawyer | Abuse Charges

CALIFORNIA
DOMESTIC VIOLENCE CHARGE
Woman · Male · Spousal Abuse
Child · Teen · Family

Los Angeles Criminal Defense Attorney

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.

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.

DOMESTIC VIOLENCE ABUSE
EXAMPLES

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
- Kicking
- Biting
- Pinching
- Punching
- Hair pulling
- Beating
Sexual Abuse
- Unwanted sexual touching
- Forced sexual acts
- Criticizing sexual ability
Verbal Abuse
- Emotional cruelty
- Constant criticism
- Name calling
- Ignoring the victim
- Degrading remarks
- Mocking
- Taunting
- Swearing
Financial Abuse
- Refusing to pay bills
- Withholding money from victim
- Not allowing victim to work
- Not purchasing family necessities
Social Abuse
- Isolating the victim from family / friends
- Violating privacy rights of victim
- Opening and reading victim's mail
- Monitoring and listening in on telephone calls
- Outward jealousy and possessiveness
Child Abuse
- Child endangerment charges can be filed if the child witnesses the violence

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

DOMESTIC VIOLENCE
PUNISHMENT · CONSEQUENCES

Potential Punishments

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 (time can range 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 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 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.

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 advantages of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members. Speak with an experienced attorney. Call Stephen G. Rodriguez, Attorney at Law, to discuss the specific facts of your case.

If you feel you are in danger and need to file a Protective Order, such as a Domestic Violence Restraining Order, a Civil Restraining Order, or Civil Harassment Order, please contact Stephen G. Rodriguez & Associates for expert advice.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Stephen G. Rodrigues & Associates represents clients in the Southern California (CA) region, including Los Angeles, Beverly Hills, Santa Monica, Hollywood, San Fernando Valley, Orange County, Santa Ana, Fullerton, San Diego, Santa Barbara, Ventura County, Kern County, Bakersfield, San Bernadino, and Riverside County.

Some of the terms that pertain to our practice include but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotic, robbery, misdemeanor, restraining order, arrest warrant, theft, hit and run, vandalism, arson, traffic charges, shoplifting, stalking, embezzlement, burglary, extortion, bench warrant, expungement, assault and battery, terrorist threat, sex offenses, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal records, juvenile offense, seal juvenile records, prostitution, rape.

CALIFORNIADOMESTIC VIOLENCE CHARGE Woman · Male · Spousal Abuse Child · Teen · Family

Los Angeles Criminal Defense Attorney

CALIFORNIA
DOMESTIC VIOLENCE CHARGE
Woman · Male · Spousal Abuse
Child · Teen · Family