Los Angeles Domestic Violence Lawyer

Domestic violence is a general term used to describe the abuse that occurs inside a family or intimate relationship. This abuse can be physical, emotional, financial, or psychological. In some cases where emotions run high, an alleged victim will file a false report of a crime, making the stressful situation worse.

Many crimes of domestic violence also occur in households where children under the age of 18 live. Acts of domestic violence often place a family in jeopardy and have the potential to cause severe and life-changing injuries.

Domestic violence-related charges are one of the most commonly prosecuted crimes in LA.

We know a domestic dispute can be complicated for both sides, and there are always two sides to any story. We also understand that a lover's quarrel between family members may be easily blown out of proportion during a domestic altercation.

Whether you're a victim of domestic abuse or accused of domestic violence, it's crucial to consult with an experienced Los Angeles domestic violence attorney. Many cases stem from simple misunderstandings among loved ones, underscoring the importance of legal guidance.

The most important defining aspect of domestic abuse is that it occurs between members of the same household, family, or relationship. California's Domestic Violence Prevention Act offers protection to individuals who can be classified as current or former spouses, current or former dating partners, children, parents, grandparents, blood relatives, and relatives by marriage.

Some examples of domestic violence can include hitting, scratching, punching, biting, and other physical attacks, issuing threats, controlling finances, stalking, and
forcing sexual activity. There are a wide range of domestic violence-related crimes in California, such as the following:

Domestic Violence - Quick Facts

In Los Angeles County, police and the criminal courts act swiftly to all allegations of abusive situations in a home. Prosecutors aggressively pursue all types of domestic violence cases, and the consequences are often harsh. Even for those arrested for first-offense domestic violence, the process can be intimidating.

Here are some essential quick facts you should know when facing domestic violence charges in Los Angeles:

The court will typically issue a criminal protective order.
It's not uncommon for the protected person to want to change a protective order or have it terminated completely.
Many people convicted of domestic violence are placed on probation for a certain amount of time.
The legal penalties and sentencing will depend on several factors, such as the severity of the victim's injuries.
Your criminal history and whether children were present during the dispute play a role in domestic violence cases.
In felony domestic violence cases, a conviction could even count as a strike under California's Three Strikes Law.
Conduct that would be considered “criminal harassment” in California is criminal threats and stalking.
You may be required to attend a Batterers' Intervention Program under California Penal Code 1203.097 PC.
You might also be ordered to pay victim restitution, a mandatory probation requirement.
If you are an undocumented immigrant and convicted of domestic violence, you could face immigration consequences.

We understand the most common domestic violence defenses in Los Angeles criminal courts. Once the case proceeds through the court, there are situations where the prosecutor might be willing to agree on a reduced charge through plea negotiations with your criminal defense lawyer.

We can help you decide whether to accept a plea bargain or if you are eligible for Mental Health Diversion.

When a domestic violence incident is reported in Los Angeles County, the police's objective is to eliminate the threat and make an arrest. The prosecutor's goal is to secure a conviction. Gender often influences the dynamics of domestic violence cases, with men more commonly being the accused than the victim.

Once the Los Angeles District Attorney's Office has filed a criminal charge of domestic violence, the victim does not have the authority to drop the charges. Domestic violence is a crime governed by the state, which has the sole authority to file criminal charges.

What is Pre-Filing Intervention?

If you've been accused of domestic violence, it's crucial to secure the legal representation of a skilled domestic violence defense lawyer before formal charges are filed. With early intervention by our law firm, it's possible to prevent charges from being filed in the first place, giving you a proactive stance in your defense.

After the police have been called on an alleged domestic violence incident, it turns from a private family matter to a potentially criminal issue. Police officers on the scene must file a report typically forwarded to the DA's Office for review and possible filing of criminal charges.

During this phase of the legal process, it's essential to consult with our law firm. We've learned through experience that police reports on domestic violence often tell just one side of the story. We'll immediately start gathering additional information, ensuring you can build a solid defense strategy and have confidence in the fairness of the legal process.

Our proactive pre-filing intervention could provide the prosecutor with favorable information and evidence before they file charges against you. We've often reduced, resolved, or dismissed our clients' charges, offering a glimmer of hope in a challenging situation.

What Are Common Types of Domestic Violence Charges?

Under California law, various standard criminal charges can be related to domestic violence in Los Angeles courts. These charges cover a wide range of abusive behaviors, from physical violence to financial control. The most common DV crimes include the following:

Domestic battery charges under Penal Code 243(e)(1) PC are the most common form of a domestic violence charge in Los Angeles County, commonly called “spousal battery.” It's defined as the willful and unlawful touching of an intimate partner that is harmful or offensive. An intimate partner can be your current or former spouse, the parent of your child, or anyone with whom you have had a dating relationship. No actual injuries are required to be charged with domestic battery, only minimal physical contact out of anger or disrespect.
Corporal injury to a spouse under Penal Code 273.5 PC is a more serious domestic violence offense and is defined as willfully inflicting a traumatic condition upon an intimate partner. This charge is a “wobbler,” meaning the prosecutor can charge you with either a misdemeanor or felony crime, depending on the extent of injuries and your criminal history.
Child abuse under Penal Code 273d PC criminalizes the act of physically injuring or imposing cruel physical punishment on a child that is not considered reasonable discipline. This type of domestic violence charge will typically trigger a separate investigation from the Los Angeles County Department of Child and Family Services (DCFS). The Child Abuse Central Index (CACI) is a statewide database in California maintained by the Department of Justice (DOJ) to track individuals suspected of child abuse or neglect. If you are a parent or caregiver suspected of being unable to keep the child safe, you may face a child dependency hearing to determine whether the child can truly be safe in your care.
Child endangerment under Penal Code 273a PC is defined as willfully causing or allowing a child to suffer, inflicting unjustifiable physical pain or mental suffering, or placing a child in a situation where their health is endangered. It's different than child abuse as it doesn't require the child to suffer an actual injury. This form of domestic violence is typically an additional charge when a physical altercation between spouses occurs in the immediate presence of a child.
Elder abuse under Penal Code 368 PC includes victims 65 years or older who are given the same special protections that are provided to minor children. It's described as any act that willfully causes or allows an elder to suffer unjustifiable physical pain or mental suffering. It also includes a dependent adult where you allow them to be placed in a situation in which their health is endangered. A conviction can result in harsh legal penalties, including up to one year in county jail, a fine up to $6,000, or both, or sentenced to a California state prison for up to four years.
Criminal threats under Penal Code 422 PC are defined as willfully threatening to commit a crime that can result in injury or death to a current or former spouse, cohabitant, or anyone with whom you have had a dating relationship. These threats can come through verbal, written, or electronic communication. This form of domestic violence offense is also a “wobbler” and can be prosecuted as either a misdemeanor or felony crime, depending on aggravating factors.
Witness intimidation under Penal Code 136.1 PC is the crime where someone knowingly and maliciously prevents a victim from providing testimony at trial. In domestic violence cases, this is commonly known as dissuading a witness from assisting police detectives during an investigation or cooperating with the prosecution of a crime. It does not matter if a defendant was successful; just attempting to intimidate a victim or witness is sufficient to be charged. Intimidation criminal charges are typically related to other types of charges, such as stalking, harassment, or domestic battery.
Stalking under Penal Code 646.9 PC is often related to domestic violence. It is described as willfully harassing or following another person or making credible threats against them by writing, verbally, or with electronic devices. For a threat to be “credible,” it must be made with the intent to place them in reasonable fear for their safety or the safety of their family.
Making annoying phone calls under Penal Code 653m PC makes it a crime to make repeated or harassing phone calls or to make a phone call using obscene or threatening language. Making harassing or annoying calls is not limited to calling with a telephone. It also applies to sending lewd text messages, emails, or other forms of electronic messages. Obscene language is any language considered offensive or violates general standards of what is appropriate.

Our experienced Los Angeles domestic violence defense attorneys are well-versed in California domestic violence laws. We can sometimes obtain a plea to lesser charges or even a case dismissal. Eisner Gorin LLP is based in Los Angeles, CA.

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