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Domestic Violence

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. 

Do I Need an Attorney If I’m Accused of Domestic Violence in CA?

The answer to this question is actually quite simple: Yes, if you are ever accused of domestic violence, one of the first actions you take should be hiring a defense attorney. Throughout the entire legal process, your lawyer will be an invaluable asset to your case.

Domestic violence battles aren’t easy to fight if you are the party that was accused. Again, keep in mind that the state of California takes these accusations extremely seriously, whether or not there exists any evidence against the accused individual. Simply due to the nature of the allegation, the unfortunate truth is that CA law enforcement agencies are going to have a strong bias against you, more often than not.

In addition, an attorney has the legal experience to understand what information judges are looking at as they reach their conclusion. Without this experience, you likely have no way of knowing how a judge will determine the punishment they issue or how they know whether to issue a conviction in the first place. If you’re left in the dark regarding this essential information, you’re unlikely to succeed at defending yourself.

An attorney might also be able to negotiate a plea bargain with the judge to help you avoid the severe consequence of a domestic violence conviction.

Under no circumstances should you neglect to hire a defense attorney simply because you believe the case to be hopeless. Although it can be difficult to win against a domestic violence accusation, it is entirely possible. In particular, working with an attorney is the main way an individual can succeed at clearing their own name.

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Do I Need an Attorney If I’m Accused of Domestic Violence in CA?

The answer to this question is actually quite simple: Yes, if you are ever accused of domestic violence, one of the first actions you take should be hiring a defense attorney. Throughout the entire legal process, your lawyer will be an invaluable asset to your case.

Domestic violence battles aren’t easy to fight if you are the party that was accused. Again, keep in mind that the state of California takes these accusations extremely seriously, whether or not there exists any evidence against the accused individual. Simply due to the nature of the allegation, the unfortunate truth is that CA law enforcement agencies are going to have a strong bias against you, more often than not.

In addition, an attorney has the legal experience to understand what information judges are looking at as they reach their conclusion. Without this experience, you likely have no way of knowing how a judge will determine the punishment they issue or how they know whether to issue a conviction in the first place. If you’re left in the dark regarding this essential information, you’re unlikely to succeed at defending yourself.

An attorney might also be able to negotiate a plea bargain with the judge to help you avoid the severe consequence of a domestic violence conviction.

Under no circumstances should you neglect to hire a defense attorney simply because you believe the case to be hopeless. Although it can be difficult to win against a domestic violence accusation, it is entirely possible. In particular, working with an attorney is the main way an individual can succeed at clearing their own name.

What Should I Do If I’m Falsely Accused of Domestic Violence?

False accusations of domestic violence can be especially difficult to deal with due to the court of public opinion. As soon as an individual is accused of a domestic violence-related crime, it isn’t uncommon for everyone else to quickly turn against them—whether or not there is any evidence of a crime.

Firstly, make sure that you take immediate action. Even if there’s no evidence, it’s crucial that you don’t simply wait, hoping that nothing will come of the allegations. Rather, you should get in touch with a criminal defense attorney as soon as possible. The sooner you hire a lawyer, the less likely it is that you’ll do inadvertent damage to your case.

Although it can seem unfathomable that someone would falsely accuse another person of a crime as severe as domestic violence, it does happen. Whether the accusation is being used as leverage during a divorce or separation, or if these allegations are a form of revenge, it’s entirely possible for someone to be falsely accused of domestic abuse.

Aside from hiring your attorney, you should also be utilizing your right to remain silent. One of the most damaging moves that someone can make after a false domestic violence allegation is to waive their right to silence. Even if you say something that you believe is innocuous (or even something that you feel supports your side of the case), there’s still a strong risk that this could backfire on you. Remember, once you’ve slipped up and done damage to your case, this cannot be reversed. So, it’s best not to take the risk.

This especially includes speaking with the accuser. It might be your first instinct to confront this person directly, but in reality, this is one of the most dangerous moves you can make. Instead, avoid speaking to the accuser, in any form, until after you’ve hired a criminal defense attorney.

Is Domestic Violence a Felony in California?

Unfortunately, the answer to this common question isn’t the most straightforward. Essentially, in the state of California, some forms of domestic violence will be considered misdemeanors, while others will be deemed felonies. Many cases of domestic violence will be treated as “wobbler” situations—this means that the judge will be able to determine whether or not the conviction is a misdemeanor or a felony, depending on the details of the situation.

If aggravating factors are involved in the accusation, then the conviction will almost always be a felony. For instance, if there is a visible, serious injury to the accused individual, this will be deemed an aggravating factor. Or, if the accusations include threats involving a deadly weapon, this will also be deemed an aggravating factor.

Alternatively, if there isn’t any significant injury sustained by the accuser, then it’s possible for the conviction to be a misdemeanor. Nonetheless, even a misdemeanor charge of domestic violence can result in serious repercussions; it is still essential that you fight these charges for the sake of your future.

Corporal Injury on a Spouse or Cohabitant

This is the most frequently charged domestic violence offense in California. “Corporal injury” is another term for “bodily injury”. It is illegal to inflict even slight physical injury on an intimate partner. This crime is a felony with possible penalties for a first offense ranging from a year in county jail to four years in state prison, plus fines up to $6,000.

Domestic Battery

Inflicting force or violence on an intimate partner is a misdemeanor known as domestic battery. This charge can be filed even if the victim has no visible injury, which is the big difference between this law and the corporal injury law above. Penalties include fines up to $2,000 and/or up to a year in jail.

Criminal Threats

If an intimate partner alleges that you threatened him or her, you can be charged with making criminal threats. This can be either a misdemeanor or a felony depending on circumstances.

Child Abuse

Corporal punishment on a child is a crime in California, with the exception of reasonable spankings. Punishments that are cruel or cause injury are punished by between one and three years in jail.

Additional Domestic Violence Examples

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