| Last
year, California law enforcement
received 174,264 domestic violence
calls and 43,911 domestic violence arrests
were made. If you are dealing with a domestic
violence arrest, you are not alone. Contacting
an experienced Los Angeles domestic violence
attorney as quickly as possible can greatly
increase the chance of an optimal outcome —
getting the domestic violence charges
dropped or reduced and keeping the offender out
of jail. In addition to jail time, a domestic
violence conviction can result in lifelong
consequences — it can limit employment opportunities,
complicate child custody and visitation, and make
carrying a gun a Federal felony. The stakes are
very high. |
What
is Domestic Violence?
Domestic
violence
is known by many different names, including spousal
abuse, family violence, and
domestic abuse. According to California
domestic violence law, domestic violence is
abusive behavior towards a past or present intimate
partner (this includes spouses and ex-spouses, people
who are dating and people who have had a child together)
an adult family member or child. Under California
domestic abuse law, a child does not have to
be directly abused to be considered a victim. When a
child simply witnesses domestic abuse,
the crime of child endangerment can be charged under
the domestic violence laws.
Abuse can take a variety of forms, including physical
abuse, threatened violence, emotional abuse
and child abuse. California domestic violence
law is complex and offenders are dealt with
very strictly. Representation by an experienced domestic
violence lawyer can keep you out of jail.
California
Domestic Violence Penalties
In
California, domestic violence can be
charged either as a misdemeanor or felony depending
on the severity of the victim’s injuries and the
offender’s criminal history. Domestic
violence that results in severe injuries (e.g.,
broken bones) is usually charged as a felony. No physical
injury or slight injury (e.g., bruising) cases are generally
filed as misdemeanors. Having a record of family
violence or other violent crime usually elevates
a misdemeanor domestic violence charge
to a felony. The biggest difference in the penalties
for misdemeanor and felony domestic violence
is the length of time spent in jail. A person convicted
of misdemeanor domestic violence is
jailed for no more than six months in the county jail.
A felony domestic violence conviction carries a sentence
of up to three years in a county jail or state prison.
As an alternative to, or in addition to incarceration,
offenders may be ordered to undergo family violence
counseling, do community service or physical labor (CalTrans),
pay fines and/or stay away from the victim.
Dealing with a Restraining Order
Many
individuals involved in abusive relationships
find themselves having to deal with a restraining
order. As of April 2008, in California, there
were 246,444 domestic violence related orders, including
emergency protective orders (EPO), temporary restraining
orders (TROs) and “No Contact”
orders. The restrictions associated with the various
protective orders vary from case to case. Although a
person does not need to hire a criminal defense attorney
to defend against a restraining order, self representation
can result in restrictions far greater than what they
might have been. (Violating a restraining order
is a crime that can have serious consequences,
including jail time). Being prepared with an attorney
from the start is the smartest and most cost-effective
way to deal with a restraining order.
An experienced los
angeles criminal defense attorney will
ensure that all of the proper documents have been filed,
knows how to handle the judge's questions, and will
not be caught off-guard by any unusual circumstances.
Choose
the Right Domestic Violence Attorney
In
many California domestic violence cases,
when the accused is arrested, the Prosecutor takes over.
Even if the victim doesn’t want the case to continue,
it still moves ahead. In California, domestic
violence charges are difficult to get dropped—but
it is not impossible. A skilled domestic violence
lawyer knows whether getting the charges dropped
is a possibility, and if not, he can work with the prosecutor
to attempt to get the charges reduced and keep the accused
out of jail. The experienced domestic violence
attorneys at the law offices of Stephen G.
Rodriguez have represented hundreds of individuals who
have been accused of domestic violence. They know the
California domestic violence laws and
are well known in the criminal law courtrooms in and
around Los Angeles, CA.
If
you or a family member has been arrested on a domestic
violence charge, call the offices of Stephen
G. Rodriguez and speak to a qualified and experienced
attorney for a FREE CONSULTATION. Mr. Rodriguez is available
to meet with you and your family to privately and confidentially
discuss the specific facts of your case.