What is a Domestic Violence Restraining Order?
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.
How Long Does a Restraining Order Last
Most courts will seek 30 days minimum of county jail time even on a first domestic violence offense. 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. Because courts consider Domestic Violence cases a priority in protecting the public, they may not allow for house arrest.
The main focus for a Domestic Violence allegation is to avoid jail and protect your employment/career. For that, you need an experienced 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 cases of these types of cases with outstanding results.
Los Angeles Domestic Violence Protective Orders
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, 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 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.
What are the Possible Consequences of Domestic Violence?
If you have been convicted of Domestic Violence in Los Angeles, the consequences can be damaging to your future rights. Any Domestic Violence charged as a Felony could mean that you could have a STRIKE on your record that will never go away.
The most important decision you can make is hiring the best Los Angeles domestic violence attorney to reduce your felony to a misdemeanor, preventing damaging effects such as strikes on your record, loss of your job or future career opportunities, and possibly serving a lengthy stay in custody.
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
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, the slightest of reddening, or swelling.
Penal Code 273.5 can be charged as a misdemeanor which carries one year of the county jail, or a felony which 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, 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. Any unwanted touching such as a slap, a push could be enough to violate Domestic Battery.
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 in what the court considers as 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 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 community service. It may also be charged as a Felony resulting in a Strike and incarceration.
This particular charge is often charged with a domestic battery charge. What starts as a simple verbal argument may escalate to a physical altercation, resulting in both charges being filed.
What Happens If Someone Violates A 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
- 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.