Los Angeles Domestic Violence Lawyer
Defending Those Who Have Been Accused Of Domestic Violence In California
With a history of success and expertise in criminal law, Stephen G. Rodriguez & Partners provides clients with the highest quality legal advice to help them achieve a favorable outcome. Our Los Angeles domestic violence lawyer is well-versed in defending those accused of domestic violence and has a proven track record of attaining positive results. Protecting our client's rights and providing compassionate support both during and after court proceedings is always our top priority. Stephen G. Rodriguez & Partners will always strive to make sure that 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 covers 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, could be grounds for prosecution under California law. A Los Angeles domestic violence attorney from Stephen G. Rodriguez & Partners can help with your case.
Domestic violence may be defined as physical violence, threatened violence, or abuse in the following types of 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 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, so you will need an equally powerful defense.
Examples of domestic violence abuse include:
Los Angeles domestic violence cases in 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).
California Domestic Violence Penalties
Domestic violence charges may be filed as a misdemeanor or a felony. How the prosecutor files the charges is based on the seriousness of the case. Severe injuries (including cuts and broken bones) will almost always result in felony charges. No injury cases will generally be filled as misdemeanors. Prior acts of domestic violence and the criminal history of the accused may also influence how the case is filed.
Misdemeanors:
- Jail sentence (up 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:
- Prison time (punishable by 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, including moving out of residence
- "No Harm, No Strike" Order for couples.
Can the Victim Drop Domestic Violence 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 decides whether to file charges and can proceed with the criminal case even if the alleged victim decides not to 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.
What To Do When Falsely Accused?
Inaccurate domestic violence claims can be detrimental to the other partner’s criminal record and may affect the rest of that person’s life. For this reason, it is best to handle the situation using professional legal help to make sure rights are protected.
Listed below are a few different methods you may want to use when handling a spouse’s/partner’s inaccurate domestic violence claims.
- If the two of you are unmarried but living under the same roof, 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 the proper way to end the marriage safely. By doing so, you have a better chance of safeguarding your rights despite your partner’s claims.
- If you are married but feel uneasy about terminating the relationship due to reasons such as shared children, speak with an attorney to discuss 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. In fact, nearly 700,000 wrongful arrests are made every year due to inaccurate domestic violence claims.
Contact Our Domestic Violence Attorney Today
The law regarding domestic violence is complex. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending domestic violence arrestees and suspects. 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. 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 will know what to do.
