Domestic Violence Attorneys in Los Angeles

California law enforcement and prosecutors don’t take allegations of domestic violence (DV) lightly. Whether by training or simply human nature, they are often predisposed to believing the accuser’s side of the story. Court dockets are full of cases against people wrongfully accused of domestic abuse, and many alleged abusers have had their reputations damaged by false accusations.

At The Law Office of Stein & Markus, we provide strong defenses for clients accused of domestic abuse in Southern California. Our Bellflower attorneys have more than 75 years of combined experience on both the defense and prosecution sides of criminal cases, including hundreds of DV matters. Our goal is to guide you through the legal process, always be there to answer questions, and do everything we can to obtain positive results for you.

Understanding a Domestic Violence Charge in California

California law defines “domestic violence” as the abuse of an intimate partner. A person commits “abuse” through either reckless or intentional use/threats of force against their intimate partner.

An “intimate partner” means a current or former: spouse; registered domestic partner; fiancé(e); or cohabitant. It also means someone who has a child with the accused or anyone they are currently dating/previously dated seriously.

Other people—such as children, brothers, sisters, grandparents, and other relatives—can also be victims of DV, though under the California Family Code rather than the criminal law. This is important in cases involving custody disputes.

The Consequences of a Los Angeles, CA Domestic Violence Conviction

Again, once an individual is convicted of domestic violence in California, the repercussions can be severe. In fact, these consequences can extend far past just jail time and hefty fines—which is why it is so essential to fight these accusations with the assistance of an experienced defense attorney.

That being said, what sort of punishment can someone receive if they’re convicted of domestic violence in California?

Mandatory Jail Time

• Of course, if you are convicted of domestic violence, jail time is to be expected. It depends upon the county you reside in and the severity of the incident, but domestic violence offenders are generally required to serve a minimum jail sentence, should they be convicted. In most instances, this minimum sentence will be thirty days in length—nonetheless, it isn’t uncommon for individuals to be given longer jail sentences, even ones that are considerably longer than the thirty-day minimum. Remember, even if the charge you receive is a misdemeanor (rather than a felony), and even if you are a first-time offender, this minimum jail sentence will still apply to your case.

Victim Restitution and Domestic Violence Funding

• In some instances, an individual convicted of a domestic violence charge will be faced with a variety of financial repercussions. Notably, you might be required to pay restitution to the individual that accused you.Restitution can cover a number of potential fees, including the accuser’s medical expenses, the cost of their mental health counseling, property damage, or even lost wages. As a result, it is possible for restitution fees to add up quickly—whether or not you can reasonably afford to pay them.Further, the defendant of a domestic violence case might also be required to pay a $500 fee to help fund California domestic violence programs. This fee will be added, regardless of how substantial the restitution costs already are.

Enrollment Into a Batterers’ Program

• More often than not, a California judge will require those convicted of domestic violence to attend a “batterers’ program.” Essentially, these programs are intended to treat and counsel those who have been convicted of battery or domestic violence. Typically, you can expect a batterers’ program to last for one year.Even if you are only sentenced to probation (rather than jail time), you will likely still be required to attend a year-long batterers’ program.

A Criminal Record—Often Permanent

• As one might expect, not only will domestic violence leave a devastating mark on your criminal record, but it will also often be a permanent addition. This might even be the most difficult consequence of a domestic violence conviction for many individuals—while a jail sentence is often temporary, having domestic violence on your criminal record can lead to long-term, often life-changing complications in an individual’s life.Every time you undergo a background check, the organization or individual will easily be able to discover your domestic violence conviction. If you’re looking to be hired into a new job, for instance, this can significantly bring down the likelihood of you being hired. It will also be far more difficult to receive state licensing, as well as find housing. As long as the domestic violence charge remains on your record and isn’t expunged, these effects will be permanent.

Termination of Custody Rights, If Relevant

• If you currently have custody rights over minor children, a domestic violence conviction can quickly lead to these being taken away from you—regardless of whether or not the child was directly involved in the conviction. In California, it is rare that convicted domestic abusers will be allowed any amount of custody rights over their children. At best, they will be allowed visitation and nothing more.When it comes to determining child custody, as well, you don’t even need to be convicted of a domestic violence charge to lose custody rights. If you are simply accused of domestic abuse, a family law judge might still opt to strip you of custody rights entirely. Of course, an actual conviction will only worsen the situation.

Loss of Firearm Rights

• In nearly all cases, being convicted of a domestic violence-related charge will strip a person of their gun rights. Upon receiving your conviction, you will no longer have the right to purchase or possess a firearm of any kind in the state of California and beyond.Once you have lost your gun rights, sadly, there is no way for them to be returned to you—no matter how much time passes since the conviction, nor how much counseling or other rehabilitation programs you attend.Even if you are only convicted of a misdemeanor, it is still highly probable that you’ll be permanently stripped of your gun rights—this is due to federal law rather than simply the state laws of California.