Prosecuting domestic violence is a top priority for Los Angeles County District Attorney. The District Attorney typically prosecutes domestic violence under Penal Code section 243(e) or Penal Code section 273.5(a). An experienced Los Angeles domestic violence lawyer can help you negotiate a resolution to your case that allows you to move forward with your life. Or, if you are wrongly charged with domestic violence, can help restore your life and reunite your family.
Los Angeles Domestic Violence Arrests
Local law enforcement takes a risk by leaving domestic violence calls without making an arrest. If a violent incident occurs after they leave, they will be blamed for failing to protect the victim. As a result, Los Angeles law enforcement will often make an arrest if there is any probable cause to believe domestic violence occurred.
What is Domestic Violence?
Domestic violence is abuse or threats of abuse between people in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
What is a Los Angeles Domestic Violence Lawyer?
A Los Angeles domestic violence lawyer is a criminal defense attorney who is experienced in defending against domestic violence charges arising in the city of Los Angeles, California.
What is “Abuse”?
Abuse is not just hitting. Abuse also includes:
- Physically hurting or trying to hurt someone, intentionally or recklessly;
- Sexual assault;
- Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
- Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
Domestic Violence Charges
Domestic Violence is punishable under Penal Code section 243(e)(1). If the abuse causes a traumatic injury, it is punishable as a felony under Penal Code section 273.5. It is also illegal to threaten harm (Penal Code section 422), or follow or harass (Penal Code section 646.9). Lesser offenses include battery and disturbing the peace.
Domestic Violence Penalties
A misdemeanor domestic violence conviction is punishable by up to one year in jail and/or a maximum $2,000 fine. A felony domestic violence conviction, on the other hand, is punishable by two, three, or four years in state prison and/or a maximum $6,000 fine.
Probation Instead of Custody Time
If the court grants probation, the terms of probation include a minimum 3 year probation, an order protecting the victim from further harassment or violence, payments to domestic violence programs, and community service.
In addition, the court will order successful completion of a batterer’s program or other appropriate counseling.
Community Service and Payments Instead of Fine
If the court does not impose a fine, the court can order restitution to the victim and payments to a battered women’s shelter.
Additional Penalties
Like most violent crimes, a domestic violence conviction results in loss of gun rights and can result in deportation, denial of citizenship, and exclusion from the United States.
What can a Los Angeles Domestic Violence Lawyer do for me?
If the alleged contact was accidental, was caused by another person, occurred during self-defense, or never occurred, it is a defense to domestic violence charges.
However, cases with allegations of domestic violence are not usually dismissed by the judge or district attorney. More often, defendants must take a case to trial to prove their defense.
*The fact that the victim does not want to press charges is not a defense in a domestic violence case.
Protective Orders
Only intentional violations of protective orders are unlawful. However, once law enforcement serves the protective order on the defendant, it is presumed that the defendant has read and understood the order.
Constitutional Defenses
The United States Constitution guarantees to all persons the freedom of speech and movement. Orders restricting speech or movement must balance these freedoms against the government’s interest in maintaining public safety.
Emergency Protective Orders
A domestic violence arrest can immediately impact the family unity. Law enforcement can request an Emergency Protective Order (EPO) ordering the defendant to stay away from the victim and victim’s residence. The Judge, who determines whether to grant the EPO, can issue an EPO even if the victim does not want one. If the EPO is granted, the defendant may have to move out of the family home and have no contact with the victim or other protected family members.
An EPO typically expires at the defendant’s first court date. A that hearing, the Los Angeles District Attorney almost always asks for a Criminal Protective Order (CPO). The CPO, like the EPO, requires the Defendant to have no contact, or only peaceful contact with the victim.
In order to avoid a CPO, the victim should be present in court and prepared to discuss why the defendant is not a danger to them. Additionally, enrollment in anger management or domestic violence classes can persuade the Judge to deny the protective order.
Violation of Protective Order
Charges of violating a protective order are common in domestic violence cases. Violating a protective order can be charged under several criminal statutes, including Penal Code sections 166, and 273.6, Often defendants do not understand that “No Contact” means having absolutely no contact with the victim, directly or through another person or device. Even responding to messages from the victim or answering the victim’s phone call can result in charges.
In addition to resulting in new charges, violating a protective order can be detrimental to your original case. Violating a court order signals to the Judge and District Attorney that you are unwilling to abide by court orders. The ability to comply with court orders is critical to receiving probation instead of custody time. Thus, a failure to comply with court orders reduces the likelihood of being granted probation.
No Contact vs. No MATH Protective Orders
MATH is an acronym for Molest Annoy Threaten or Harass. A “No MATH” order allows for peaceful contact between the defendant and the victim. By contrast, a “No Contact” order does not allow for any contact between the victim and the defendant whatsoever.