Los Angeles Domestic Violence Lawyer

Defending Clients Facing Domestic Violence Charges 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 during and after court proceedings have always been our top priorities. 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 prosecute anyone charged with domestic violence aggressively so that you will need an equally powerful defense.=

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 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).

Understanding California's Mandatory Arrest Policy in Domestic Violence Cases

In California, the mandatory arrest policy for domestic violence offenses typically requires law enforcement officers to arrest if there is probable cause to believe that domestic violence has 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 to believe that a domestic violence incident has taken place, such as through visible injuries, statements from the victim or witnesses, or other evidence at the scene.

However, while the policy encourages arrests in domestic violence cases, the decision ultimately rests with the responding officer's discretion based on the available evidence and circumstances of the situation.

The policy's main objective is to ensure the safety of the victim 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 for the accused if found guilty.

What are the Penalties for Domestic Violence in California?

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 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, including moving out of the 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 the residence
• "No Harm, No Strike" Order for couples.

How Protective Orders Affect Domestic Violence Cases

Protective orders, also known as restraining orders, are standard in domestic violence cases and can significantly affect the accused. These orders protect the alleged victim 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 case's circumstances.
• Restrictions Imposed: These orders can include prohibitions on contacting 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 want you arrested. In some cases, especially with spousal abuse, it is tough 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.

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 perform background checks, and a conviction could 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 revocation of their licenses.
• Impact on Immigration Status: Non-citizens convicted of domestic violence could 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 your future.

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 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 of the case and the evidence available.

Here are some common defenses:

• Self-defense or defense of others: If the accused person 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 Defense Attorney in Los Angeles

The law regarding domestic violence is complex. This is why 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 cases can successfully defend those who are accused of domestic violence and take advantage of jail alternatives such as counseling and probation.

Here are some 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 will know what to do.

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