At Perlman & Cohen Los Angeles Criminal Lawyers, we help clients facing domestic violence charges in Los Angeles. The court process can feel scary. These cases affect your freedom, family, and future. Our domestic violence attorneys fight to protect your rights from day one. Call us if you need help with your domestic violence case.
Under California laws, abuse against a partner is a serious crime. This includes:
The law covers many types of relationships: married couples, people living together, dating partners, and parents of the same child. Even cases without visible injuries can lead to charges. We often see fights that bring police, even when neither person calls for help.
California has strict laws about domestic violence offenses. Common charges include Penal Code 243(e)(1) for battery and Penal Code 273.5 for hurting a spouse. Penalties depend on how bad the bodily injuries are and if you've been in trouble. Police must make arrests in these cases. They often arrest someone based just on what witnesses say. First offenses might be less serious charges, but cases with bad injuries can be felonies with bigger punishments.
When someone calls 911 for a fight at home, Los Angeles police must respond. Officers look for signs of assault and collect evidence right away. They:
Officers talk to each person alone to hear both sides. They also check records to see if there were problems before. These reports help the prosecutor build their case in court.
Police make arrests when they think a crime likely happened. In domestic cases, they often arrest someone just to be safe. When both people are hurt, the police must decide who started it. They look at:
Police don't always get this right. We've helped many people who were wrongly blamed as the aggressors.
After arrest, you'll go through booking at a Los Angeles detention facility. This includes fingerprinting and background checks for prior criminal actions. The court sets bail based on your specific charge and history.
Within a 72-hour time frame, you'll have a bail hearing where a circuit judge may release you or set a bond condition. The judge also issues an emergency protective order that bans contact with the alleged victim for up to seven days, regardless of county of residence.
Your first court date is the arraignment, usually within 48 hours for those in custody. During this Los Angeles Circuit Court hearing, the judge presents the charges and explains your rights. The Domestic Violence Unit prosecutor may ask for a violence protective order. Without a criminal defense lawyer, you start at a disadvantage. We ensure your rights are protected and work for better bail release terms.
At the arraignment, you must tell the court how you plead:
We tell clients not to plead guilty before we examine all the evidence. If you plead guilty too early, you may lose your chance to fight the case or get a better deal.
The judge almost always issues a domestic violence protective order at arraignment. This order bans contact with the alleged victim and may keep you away from their home, work, or children's schools. Violating probation through breaking these orders is a separate crime with new charges. The judge sets the terms based on the following:
These orders can disrupt your life, especially with shared children or homes. Our experienced defense attorney will fight to limit these restrictions when possible.
Once we take your case, we build a defense plan for you. Common defenses include:
We look for problems in what witnesses say and what's in police reports. We also check if the police followed the proper steps. This part is essential – a good defense often leads to lower charges or even getting your case dropped before trial.
During the defense exchange, both sides share evidence. We request all police reports, 911 calls, medical records, photos, and witness statements. We may look for the alleged victim's history of making false claims or their violent behavior. Our team searches for constitutional violations in evidence collection. We often work with medical experts who review documentation of alleged injuries. We also interview defense witnesses who can provide context about the relationship or the alleged victim's credibility.
Before the trial, several court hearings address your case. At pretrial hearings, we discuss possible resolutions with prosecutors. We may file motions to:
For first-time offenders, we often negotiate for treatment programs that can lead to dismissed charges upon completion of community service requirements. The motion hearing phase offers chances to resolve your case without trial risks. Our comprehensive defense strategy during these talks often leads to much better outcomes.
If your case goes to trial, the prosecutor must prove each element beyond a reasonable doubt. The trial starts with jury selection, where both sides question potential jurors about domestic violence biases. After seating the jury, both sides make opening statements. The prosecution presents first, typically calling:
They show physical evidence, like photos of visible injuries and medical records documenting treatment.
The prosecutor tries to prove that domestic violence occurred within an intimate relationship. They rely heavily on the alleged victim's testimony and any documented injuries. We counter by cross-examining prosecution witnesses to expose inconsistencies and highlighting alternative explanations for injuries.
We challenge assumptions and present the full context to the legal professionals involved. Unlike the prosecution, we only need to create reasonable doubt about your guilt. Our attorneys excel at identifying weaknesses in the presentation of evidence.
You can choose between a jury or bench trial, where the circuit judge decides your case. Jury trials need twelve community members to agree unanimously. Bench trials leave the decision to one judge. Domestic violence cases have unique concerns about this choice. Juries might be swayed by emotional testimony about physical violence, but judges have seen many domestic violence cases and may be less receptive to certain defenses. The choice depends on:
We help weigh these factors to make the best strategic choice.
The jury or judge decides your case after all the evidence and final arguments. You might get:
If you're found not guilty, your case is over for good. If guilty, you move to sentencing. With a hung jury, the prosecutor must decide to try again or drop the case. We prepare for all these outcomes, including fighting for lighter sentences if you might be found guilty.
Sentences depend on the specific charge and your history. Misdemeanor domestic battery can bring:
Felony charges can result in 2-4 years of actual jail time, higher fines, and longer probation periods. Judges consider factors like the severity of bodily harm, victim vulnerability, and aggravating circumstances when determining sentences. Prior convictions or especially violent acts can increase these penalties. We advocate for minimum sentences by presenting mitigating factors and character evidence.
First-time offenders often qualify for alternative sentencing options focused on rehabilitation rather than punishment. These include:
Completing these programs successfully can lead to reduced or dismissed charges. Probation typically requires proof of payment for program fees, completion of treatment programs, and perfect compliance with protective orders. Any arrest for violations can trigger the original sentence. We help clients understand their obligations and connect them with approved programs to satisfy court requirements.
California provides certain confidentiality protections in domestic violence courts. Confidential records may be sealed to protect sensitive information. For defendants, this helps shield your reputation during the legal process.
For alleged victims, it protects privacy regarding medical treatment and personal details. Despite these protections, domestic violence cases can attract attention, especially with public figures or serious allegations. We work to maintain your privacy throughout domestic violence proceedings.
Domestic violence charges often overlap with family court matters, such as divorce and child custody issues, including Rule 10b concerns. A criminal protective order can significantly impact these proceedings. Family court judges take domestic violence allegations seriously when making custody decisions, often restricting the accused parent's access to children.
Child Protective Services may investigate if children witnessed abuse on the victims. We coordinate with family law attorneys to ensure consistent strategies across both courts. Successfully defending against criminal charges improves your position in family court.
Protective orders in domestic violence cases can be extended, modified, or terminated based on changing circumstances. Alleged victims can request extensions, sometimes leading to years-long restrictions. You can petition the court to alter unreasonable terms, especially regarding child visitation or property access. The family court judge considers the following:
We help clients navigate this process by gathering evidence of changed circumstances and presenting compelling arguments for modification.
False allegations are unfortunately common in domestic violence cases, often arising from heated custody battles or relationship breakdowns. We investigate the accuser's motives and look for inconsistencies between their statements and the physical evidence. Self-defense is another vital strategy when the alleged victim is the aggressor. California law permits reasonable force to protect yourself from domestic assault charges.
Lack of evidence is perhaps the most fundamental defense – prosecutors must prove every element of the domestic violence action beyond reasonable doubt. We scrutinize the evidence collection process, challenge witness credibility, and question whether injuries resulted from criminal conduct. Constitutional violations by police, such as entering your home without proper service of process, can lead to evidence suppression. The earlier we get involved, the better we can build your defense before evidence disappears.
If you face domestic violence charges in Los Angeles, don't wait. Getting a lawyer early can be the difference between dropping your case or getting convicted. At Perlman & Cohen, our lawyers know domestic violence laws and the Los Angeles courts. We've helped many people fight unfair charges. Don't face this alone – contact us today for a free meeting to discuss your options.
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