Domestic Violence Lawyer Los Angeles

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. Protecting our client's rights and providing compassionate support during and after court proceedings remain our priorities. Stephen G. Rodriguez & Partners 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 Domestic Violence?

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. A Los Angeles domestic violence attorney from Stephen G. Rodriguez & Partners can assist with your case.

Domestic violence can be defined as physical violence, threatened violence, or abuse in the following relationships:

• Married couples (also known as spousal abuse)
• Couples who share a living space
• Persons who have a child or children in common
• Persons in or formerly in a dating relationship
• Persons who were formerly married to each other.

Domestic violence cases differ from other criminal cases. There are designated prosecutors and special Domestic Violence Units (DV Units) within the prosecutor's office that stand ready to prosecute anyone charged with domestic violence aggressively, necessitating an equally powerful defense. Our attorneys prepare meticulously to counter such prosecution, leveraging detailed evidence gathering and witness interviews, ensuring thorough examination of every aspect of the case.

Examples of domestic violence abuse include:

• Threats or intimidation
• Annoying phone calls
• Stalking or harassment
• Physical assault or abuse
• Verbal, social & sexual abuse.

Los Angeles domestic violence cases are typically 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). Our firm stays current with all legislative changes in these laws, ensuring our strategies are robust and informed by the latest legal developments.

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. 

What are the Penalties for Domestic Violence in California?

Domestic violence charges may be filed as a misdemeanor or a felony. The prosecutor's decision depends on the seriousness of the matter. Severe injuries (including cuts and broken bones) result in felony charges, while cases with no injuries are typically misdemeanors. Previous domestic violence acts and the accused's criminal history also influence how the case is filed.

Misdemeanor Penalties:

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

Felony Penalties:

• Prison time (two to four years in state prison)
• Counseling (52-week program)
• 40 hours of community service or physical labor (CalTrans)
• Various court fines
• Stay-Away Order from the victim, requiring moving out of the residence
• "No Harm, No Strike" Order for couples.

Apart from these criminal penalties, implications can impact employment, child custody, or the ability to obtain specific licenses. Our role is not only to manage immediate legal consequences but also to understand and mitigate these broader implications, endeavoring to safeguard our clients' long-term interests.

How Protective Orders Affect Domestic Violence Cases

Protective orders, also known as restraining orders, are common in domestic violence cases and can significantly affect the accused. These orders safeguard alleged victims by restricting the accused's actions. Key aspects include:

• Types of Protective Orders: California courts may issue emergency, temporary, or permanent protective orders depending on the circumstances.
• Restrictions Imposed: These orders can prohibit contact with the alleged victim, staying away from specific locations, or possessing firearms.
• Violation Consequences: Breaching a protective order can lead to additional criminal charges, fines, or incarceration.
• Defense Strategies: A skilled attorney can challenge the validity or terms of a protective order, especially if it was issued based on misleading or exaggerated accusations.

Understanding protective orders is critical for navigating the legal process effectively and ensuring compliance with court mandates while building a strong defense. 

Can the Victim Drop Domestic Violence Charges?

In California, you can be arrested and prosecuted for domestic violence even if the victim does not wish for your arrest. In some cases, especially with spousal abuse, it is challenging for the victim to drop charges. The prosecutor decides whether to file charges and can proceed with prosecution even if the alleged victim chooses not to go to court. Only the prosecutor can drop charges as the victim acts as a witness in government prosecution.

This dynamic highlights the importance of having dedicated legal support when facing such charges. Proper representation can influence how the charges are perceived and addressed through legal channels. By understanding prosecutorial discretion and having the capability to negotiate or manage interactions with the prosecuting attorney, we keep our clients informed every step of the way, ensuring they have a stronger position when facing the judicial process and its sometimes unyielding procedures.

The Impact of Domestic Violence Convictions on Your Future

A domestic violence conviction in California can have far-reaching consequences beyond immediate legal penalties. These repercussions may significantly impact your personal, professional, and financial life. Some of the potential long-term effects include:

• Employment Obstacles: Many employers conduct background checks, and a conviction can significantly limit job opportunities, particularly in fields that require a clean record.
• Loss of Professional Licenses: Those in fields such as medicine, law, or education may face disciplinary actions or license revocation.
• Impact on Immigration Status: Non-citizens convicted of domestic violence may face deportation or denial of naturalization applications.
• Child Custody and Visitation Rights: A conviction can influence family court proceedings, reducing custody or visitation rights.
• Firearm Restrictions: Both federal and California state laws restrict individuals with domestic violence convictions from owning or possessing firearms, often permanently.

Recognizing these potential consequences highlights the importance of having competent legal counsel to safeguard your rights and future. 

What To Do When Falsely Accused?

Inaccurate domestic violence claims can be detrimental to the partner's criminal record and potentially affect their life. For this reason, it is best to handle the situation using professional legal help to protect rights.

Listed below are a few different methods you may want to use when handling a spouse’s/partner’s inaccurate domestic violence claims.

• If you are unmarried but living together, contact an attorney to discuss the different ways you can have your partner removed from the home.
• If you two are married, contact a lawyer to deliberate how to end the marriage safely. Doing so gives you a better chance of safeguarding your rights despite your partner’s claims.
• If you are married but feel uneasy about terminating the relationship for reasons such as shared children, speak with an attorney to discuss how you can protect yourself from false allegations.

Law enforcement officers are trained to protect people. If a person claims they were harmed, officers will usually do anything possible to ensure that person’s safety, especially if children are involved. Nearly 700,000 wrongful arrests are made every year due to inaccurate domestic violence claims.

Common Legal Defenses Against Domestic Violence Charges

Several common legal defenses against domestic violence charges exist in California and other jurisdictions. However, these defenses vary depending on the circumstances and available evidence.

Here are some common defenses:

• Self-defense or defense of others: If the accused reasonably believed they or someone else was in immediate danger of harm, they might claim self-defense. This defense asserts that the actions taken were necessary to protect oneself or another person from harm.
• False allegations: Sometimes, individuals are falsely accused of domestic violence due to misunderstandings, personal vendettas, or manipulation. Defense in these cases involves demonstrating inconsistencies in the accuser's story or providing evidence that disproves the allegations.
• Lack of evidence: The defense might argue that there is insufficient evidence to prove the alleged offense beyond a reasonable doubt. Lack of physical evidence, witness testimony, or inconsistencies in the prosecution's case can be used to challenge the charges.
• Accident or mistake: In some cases, the alleged violence might have occurred accidentally or due to a misunderstanding. The defense could argue that there was no intent to cause harm or that the actions were misinterpreted.
• Defense of property: There are situations where a person might claim they acted to protect property. However, this defense might be less common in domestic violence cases, as the focus tends to be on protecting individuals rather than property.

Remember, each case is unique, and the effectiveness of a defense strategy depends on the specific circumstances, evidence, and legal expertise involved. Seeking legal advice and representation from an experienced attorney is crucial for determining the most appropriate defense strategy in a domestic violence case.

The Benefits of Hiring an Experienced Domestic Violence Attorney in Los Angeles

The law regarding domestic violence is complex. Securing an attorney who is qualified, skilled, and knowledgeable in defending domestic violence arrestees and suspects is essential. An experienced attorney in these types of matters can successfully defend those accused of domestic violence and utilize jail alternatives such as counseling and probation.

Here are the benefits of working with us:

• Legal Expertise: Our firm has extensive experience and expertise in handling domestic violence cases. We understand the complexities of the law and the nuances of such cases and can navigate the legal system efficiently on your behalf.
• Strategic Defense: We can craft a robust defense strategy tailored to the specifics of your case. Whether it's identifying inconsistencies in the allegations, gathering evidence to support your innocence, or using legal precedents to your advantage, we work to build the most vigorous defense possible.
• Protection of Rights: Being accused of domestic violence can be emotionally distressing. We ensure your rights are protected throughout the legal process, providing support and guidance to safeguard your interests.
• Negotiation Skills: Our firm excels in negotiation. We can engage with the prosecution to explore alternative solutions, potentially aiming for reduced charges or alternative sentencing options when appropriate.
• Court Representation: Should your case go to trial, having seasoned attorneys like us can make a substantial difference. We provide strong representation in court, advocating for your innocence and presenting your case effectively to the judge and jury.
• Understanding the System: Navigating the legal system can be daunting, especially for those unfamiliar with its intricacies. We deeply understand courtroom procedures, legal protocols, and the nuances of domestic violence law in California, ensuring that your case is handled adeptly.
• Emotional Support: Dealing with legal matters alongside the emotional strain of being accused of domestic violence can be overwhelming. Our firm not only handles the legal aspects but also provides support and guidance, understanding the sensitivity and gravity of the situation.

If you've been accused of any type of violence against a spouse or family member, do not rely on the advice of friends or loved ones. Speak with an experienced criminal defense attorney who understands what to do.

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

FAQs About Domestic Violence Legal Processes in Los Angeles

What Should I Do Immediately After Being Accused of Domestic Violence?

If you are accused of domestic violence, the first step is to remain calm and avoid any confrontational behavior. Immediately contact a qualified domestic violence attorney who can advise you on your rights and the immediate steps to take. An attorney from Stephen G. Rodriguez & Partners will assist in gathering any evidence or documentation that supports your account of events and will help manage communication with law enforcement to protect your interests.

How Can a Domestic Violence Conviction Affect My Child Custody Case?

A domestic violence conviction can severely impact child custody arrangements. Family courts are particularly vigilant in assessing the safety and well-being of children, and a conviction may raise concerns about your fitness as a caregiver. The court might initially impose supervised visitations or limit custody rights. However, an experienced attorney can work to present evidence of rehabilitation or character references that could mitigate these effects over time, advocating for your parental rights.

Are There Special Programs in Los Angeles for First-Time Offenders?

Los Angeles offers several intervention programs tailored for first-time offenders, which can play a key role in legal strategy. Participation in these programs—such as anger management or family counseling—may reflect positively on your situation. Leveraging these resources can influence plea deals or even the possibility of reducing charges, highlighting rehabilitation over punishment. Our firm navigates these options with you, aiming for the best outcome in the surrounding circumstances.

How Does Social Media Impact Domestic Violence Cases?

Social media plays a growing role in domestic violence cases and can include evidence either supporting or refuting accusations. Posts, messages, and even geo-tagged locations can act as corroborative proof or provide grounds for rebuttal. Given the legal weight such digital footprints hold, it is prudent that accused individuals consult with their attorneys before engaging in social media communications. Protect your legal standing by working with attorneys who understand these complexities at Stephen G. Rodriguez & Partners.