Los Angeles Domestic Violence Attorney
Domestic violence is a broad term that involves the abuse of a child or intimate partner which can include an ex or former lover. An act of abuse is also a broad term that can encompass everything from verbally threatening someone to actually harming them.
Domestic violence charges in California are taken very seriously. There are serious penalties and a mark on your record that will follow you everywhere. When you get a job, rent an apartment, or participate in any activity that involves running a background check, that charge will pop up. But the penalties associated with the offense are even more serious.
If you are arrested on Domestic Violence charges in Los Angeles, you are facing jail time, exclusions from your home, and a criminal record. Trying to handle your situation without an experienced criminal defense attorney can have detrimental consequences.
What Are the Domestic Violence Laws in California?
The domestic violence laws in California are strict and carry stiff penalties. They focus on crimes against intimate partners such as a spouse, fiancée, or boyfriend/girlfriend as well as on children. It is not uncommon for child abuse to occur in domestic violence cases.
There are several laws that are incorporated in California domestic violence laws. Each deals with a specific nature of the crime as well as whether the victim is an adult or child.
Quite often a domestic violence offender will have several different charges at the same time.
Penal Code 273.5: Corporal Injury to a Spouse or Cohabitant
This penal code makes it illegal to inflict a “corporal injury” resulting in a traumatic condition. The traumatic condition can be the result of a person striking his/her intimate partner in some violent way and causing a visible injury, such as a light bruise, or even a very slight red mark or swelling. Penal Code 273.5 can be charged as a misdemeanor that carries one year of the county jail, or a felony that carries a maximum of 3 years in state prison.
Penal Code 243(e)(1): Domestic Battery
This penal code makes it a misdemeanor crime to inflict force or violence on an intimate partner. This includes your fiancé, girlfriend, boyfriend, partner, former spouse, parent of your child, or current spouse. Most cases filed under this charge do not require any mark or injury on the alleged victim, unlike Penal Code 273.5. Under that law, any unwanted touching such as a slap or push could be enough to warrant a Domestic Battery charge.
Penal Code 273d: Child Abuse
This penal code makes it a crime to inflict “corporal punishment or injury” on a child if it was cruel or inhumane and caused any type of injury. Although California Child Abuse Laws allow “reasonable” latitude to spank a child, there are boundaries for what the court considers to be cruel or causes injury to the child.
Penal Code 273(a): Child Endangerment
This penal code makes it a crime to willfully have a child “in your care or custody” suffer harm or have his/her safety or health endangered. Some examples are, having the child in the car while you are driving drunk or when you leave the child unattended in a dangerous situation or in harm’s way.
Penal Code 422: Criminal Threats
This penal code makes it a crime to communicate or issue a verbal threat of serious harm to someone if:
• You intend to scare the person or put fear into them
• You actually put the person in detrimental fear.
Criminal Threats can be charged as a misdemeanor, where the likely sentence will include summary/informal probation, anger management, or community service. It may also be charged as a Felony resulting in a Strike and incarceration.
This particular charge is often accompanied by a domestic battery charge. What starts as a simple verbal argument may escalate to a physical altercation, resulting in both charges being filed.
Penal Code 273.6: Restraining Order
California Penal Code 273.6 defines a violation of restraining order as an intentional and knowing violation of a protective order.
There are different types of protective or restraining orders in the State of California:
• Domestic Violence Restraining order
• Civil Harassment Restraining order
• Workplace Restraining order
In order to be convicted of a violation, one of the following must apply:
• The defendant had an active protective order against him or her, the defendant understood and was aware of the protective order, or
• The defendant willfully and purposely broke the protective order.
A violation of a restraining order charge can result in either a misdemeanor or a felony. If it is charged as a misdemeanor, the result can lead to 1 year in county jail, fines not to exceed $1,000.00, or both jail and fines. If the violation of a restraining order is charged as a felony, it can result in 3 years in state prison, fines not to exceed $10,000.00, or both jail and fines.
It is illegal to possess, acquire or own a gun if you have an active restraining order against you.
How Much Jail Time Can You Get?
Most courts will seek a 30 days minimum of county jail time even on a first offense domestic violence conviction. Some courts will request 60 or 90 days of incarceration. If you are charged with a Domestic Violence case that is filed as a felony, you can face a prison sentence of 16 months, 2 years, and possibly 3 years. The courts consider Domestic Violence cases a priority in protecting the public, so house arrest may not be an option.
The main focus for a Domestic Violence allegation is to avoid jail and protect your reputation and employment or career. For that, you need an experienced domestic violence attorney who can negotiate a no-jail sentence that allows you to keep your job and your freedom. Attorney Shaheen Manshoory and his associates have handled many domestic violence cases and achieved outstanding results.
What is a Domestic Violence Protective Order?
Protective orders are common in domestic violence cases. The victim may go before a judge and request an order of protection, claiming to feel threatened by the defendant. They may feel that their life is in danger and a protective order will help keep the defendant away from them with the threat of imprisonment.
If you are being charged with Domestic Violence in Los Angeles, the judge can order you to stay 100 yards from the alleged victim. In most cases, you don’t even need to be convicted. A simple accusation and formal complaint in court can have devastating results.
Even if you are innocent, you may be asked to leave your home and stay 100 yards away from the alleged victim. If you lose your case at trial, the court can extend the stay-away order for UP TO 3 YEARS. This can be a significant financial burden and take an emotional toll on all parties involved. That’s why having the best legal representation from the beginning can make all the difference in the world.
A California domestic violence lawyer will work to protect your rights and ensure that you are not treated unfairly. If there is a protective order, your attorney will likely work to get it shortened or eliminated.
What are the Consequences of a Conviction of Domestic Abuse Case?
California domestic violence laws are very complex. If you are facing DV charges in or around Los Angeles County, then a domestic violence lawyer in Los Angeles is your best bet. They know the law and can help you through the intricacies of the legal system.
If you have been convicted of Domestic Violence in Los Angeles, the consequences can be damaging to your future rights. Any Domestic Violence offense that is charged as a Felony could mean that you have a STRIKE on your record that will never go away.
The most important decision you can make is hiring the best criminal defense attorney to get the charges dropped or reduce your felony to a misdemeanor, preventing the damaging effects such as strikes on your record, loss of your job or future career opportunities, and possibly serving a lengthy stay in prison.
In California, if you are convicted of Domestic Violence, whether a Felony or Misdemeanor, you can lose your right to own or possess a firearm for 10 years or even life under Federal Law. This is detrimental if you work in an occupation where your job requires you to have a firearm.
Contact Our Attorneys for a Free Consultation
If you’re facing domestic violence charges in California, you should seek legal assistance from an affordable domestic violence attorney in Los Angeles. Manshoory Law Group will assist you and analyze the specific facts of your case, preparing and presenting defenses before and during the trial, and making sure you understand your rights. They will work hard to ensure that your rights are protected, and you receive a fair and just trial.
A domestic violence charge is a serious offense, make sure to call an attorney who understands the complexity of the crime. You need a domestic violence lawyer who will work for you and help minimize the impact of the charges against you. You need Manshoory Law Group. Call today.