Domestic violence is not as simple as people make it sound, and the police do not always arrest the right person. These cases often include several charges used against you as a result of a domestic disturbance.
If law enforcement officers arrested you or a loved one in any kind of domestic dispute, you need to speak to a domestic violence lawyer serving Los Angeles.
At Simmrin Law Group, we have helped thousands of clients through difficult times. We do not believe you are guilty just because the police accused you or arrested you, and we do not believe that a single mistake deserves the massive penalties the system will throw at you. Our Los Angeles criminal defense lawyers are on your side.
How Do the Police Decide Who to Arrest for Domestic Violence?
In many cases, it’s frivolous. When police respond to a domestic call, most officers sincerely try to do the right thing. However, they don’t know the details of the situation or what happened before they got there.
This means they have to make a quick decision on who to believe—and who to arrest—with very little information. The way they do it won’t always be fair. This is where we come in.
Some of the ways police officers will decide who to arrest include:
- Gender bias: The stereotype of DV is a man beating a woman. That is not always true. After all, any gender can abuse a partner of any other gender. But when it’s a man and a woman, police will often believe the woman and arrest the man, even if the man acted in self-defense or the story is a lie.
- Who called first: One line of reasoning is that whoever called 911 first must be the one who felt threatened. This isn’t always true. A person may call the police to try to defuse a situation or just as a threat to scare the other person. Then the police arrest someone who may have done nothing wrong.
- Who looks more hurt: If only one partner suffered visible injuries, or if one looks more injured than the other, police often believe that person. This ignores the possibility that the non-injured person may have acted in self-defense or that some injuries may not be as visible.
- Who is more upset: If one partner is crying, trembling, or upset, police may believe them. This is particularly unfair because men are less likely to openly show how upset they are, even if they are sad or scared on the inside.
- Signs of aggression: You may not have been violent at all, but felt cornered or defensive once the other party called the police. Then, when they accuse you, you get even more defensive. As you act more aggressively, the police start to believe the other partner and arrest you, even if you did nothing wrong.
Manipulation Plays a Role in Some DV Situations
While many of these situations are honest mistakes, manipulation can also come into play. There are people who understand how DV claims work and use them intentionally as a weapon to hurt or control their partners.
When this occurs, they can manipulate the responding officers into seeing things from their point of view and have their partner hauled off to jail.
Just because police officers arrested you does not mean you were in the wrong or that the court will convict you. This is why we urge you to fight your case by talking to a Los Angeles domestic violence defense attorney from our team.
For a free legal consultation with a domestic violence lawyer serving Los Angeles, call (310) 896-2723
What Counts as Domestic Violence in California?
Domestic violence is not a single charge. It is a catch-all term for situations where a partner has hurt, tried to hurt, or harassed their partner (or ex). Under California Penal Code 273.5, this can include:
- Stalking
- Physical, emotional, or sexual abuse
- Hitting or pushing the other person
- Threatening, acting in a threatening manner, or trying to hurt them, even if you do not cause any harm
- Abandoning the person somewhere
- Damaging or destroying their property
DV can also refer to the mistreatment of children, although these are separate, more serious charges than those involving a partner. With a partner, the courts can use many kinds of charges, but the two most common are domestic battery and corporal injury of a spouse/partner.
Both involve using violence or force on another person. Prosecutors can charge a person with battery even if they were not hurt (and even if you barely touched them), while corporal injury requires that they suffered injuries in the attack.
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What Are the Penalties of a Domestic Violence Charge?
It’s no secret that a DV charge is a serious conviction. The penalties for a conviction can be heavy, especially if the charge is a felony. The punishment for DV in California can include:
- For abuse of a partner: Two to four years of prison time, fines up to $6,000. If you have prior domestic violence convictions, you could have a longer prison sentence and fines up to $10,000
- For abuse of a child: Anywhere between one and six years of prison time. Possible life in prison for major injuries
A Los Angeles domestic violence lawyer at our firm could work to reduce the penalties you receive because of a conviction. By negotiating with the prosecutor and showing that you deserve a lesser charge or reduced sentence, we can help you move on from your charge without having it ruin your life.
What Should I Know If I Am Arrested for Domestic Violence?
You should know that you face potential jail time, large fines, and the possibility of court-ordered DV courses, among other penalties, if convicted.
However, you should also know that there are other serious ways a DV charge can affect your life, including:
- Child custody: If you are fighting for custody of your children, any DV allegation hurts you. However, facing a conviction for a crime hurts you even more. Courts can consider a “history” of domestic abuse, and a conviction provides credibility to that “history.”
- Divorce settlements: Divorce in California does not require proving fault or showing someone did something wrong. However, spousal support (“alimony”) often is. If a higher-earning partner claims abuse by the lower-earning partner and gets a conviction, it can prevent the latter from getting spousal support.
- Your social life: Even without a conviction, allegations of DV can quickly upset your social life and do irreparable damage to your reputation. Friends and family members may feel torn between you and your partner or make judgments about what happened without knowing all the facts.
- Your job: Any criminal conviction could affect your job, especially if you need to serve time in jail. However, DV is a particularly difficult charge to overcome. Your colleagues may look at you differently.
If you’re unsure of what to do after you are charged with domestic violence, your best option is to remain silent and ask to speak to a lawyer.
You have the right to hire an attorney and have one present for all interrogations, court appearances, or other events. Our team is available and can go to work for you today.
How Long Does a Domestic Violence Charge Stay on Your Record in California?
Unfortunately, no matter whether your conviction was a misdemeanor or a felony, your DV charge will stay on your record for life, according to the California Attorney General’s Office. That can make it difficult to get a job, a loan, a new apartment, or other privileges that we take for granted.
However, there is a chance that you can get your record expunged. According to California Penal Code § 1203.5, both misdemeanor and felony cases may be eligible for expunction.
Please note that that does not mean the charge is no longer on your record; instead, your record will show that you faced a charge and the court expunged that charge.
Can I Get a Domestic Violence Charge Dropped?
It is possible to get a DV charge dropped in L.A., but you need to start early to address it. In many cases, prosecutors just go by the police reports and then push for the harshest sentence possible.
They usually see defendants who do not know how to fight their case, do not have adequate legal counsel, and take the first “deal” that prosecutors offer them. This is what they expect to happen in your case, too. However, that doesn’t mean the prosecutor has a strong case against you.
Often their case is nothing more than the word of the person who accused you, which is not evidence. Simply getting a lawyer and putting up a defense can make a dramatic difference. When the case is little more than one person’s word against another, getting a conviction and stiff penalties is difficult.
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Common Defenses Our Los Angeles Domestic Violence Lawyers Use in These Cases
We can develop a defense strategy based on the circumstances of your arrest and the facts of your case. Each case is different, though. Some of the strategies our domestic violence defense lawyers serving Los Angeles may use in your case include:
- The accusation is false
- The prosecutor doesn’t have enough evidence to convict
- You did hurt the person, but did so in self-defense or defense of your children
- You did hurt the person, but by accident, such as pushing past them, trying to leave the room
These defenses can be stunningly effective when we help you investigate your case and put together evidence to back you up. Often, the act of getting a DV lawyer is enough to get the prosecutor to offer you a better “deal.” It may be possible to get the charges or sentence reduced.
In many cases, we may be able to stop prosecutors from filing charges or get the charges dropped for lack of evidence. You could walk away without ever going to trial. This is the best scenario for many of our clients.
Can I Claim Self-Defense in My DV Case?
Yes, you can claim that you were acting in self-defense in your DV case. That is a fairly common defense that those convicted use to get their charge reduced or dropped. However, it can be difficult to use that defense successfully.
When you claim self-defense, the burden of proof is on you. That means you need to prove you were acting in self-defense, but the other party does not need to prove that you weren’t. Given that juries are often predisposed to believe the other party before you, that can be hard to do.
However, constructing your defense is much easier with a DV defense lawyer by your side. Our attorneys know what to look for in your case to prove that you were not at fault for what happened. We may have the necessary evidence to show self-defense.
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Family Law Issues That Often Arise in California Domestic Violence Cases
When someone is accused of DV, the legal consequences can extend beyond the criminal case into family court. Issues such as restraining orders and child support are often addressed at the same time and can have a major impact on a person’s rights, finances, and relationship with their children.
Restraining Orders/Protective Orders
In California, a domestic violence restraining order can be requested through the family court, sometimes based solely on allegations.
These orders can limit or prohibit contact, require a person to stay away from a home or workplace, and restrict communication. They may also include provisions affecting custody and visitation rights.
For someone accused, a domestic violence restraining order can significantly disrupt daily life and parental rights, even before the criminal case is resolved. While these orders are meant to promote safety, they are not findings of guilt.
A court hearing is typically held to determine whether a longer-term domestic violence restraining order is appropriate, and the accused has the right to respond and present their side of the story.
Child Support
Child support issues often arise alongside DV allegations when children are involved. California law requires both parents to support their children financially, regardless of criminal accusations. Courts may issue temporary child support orders while other family law matters are pending.
Support amounts are generally based on statewide guidelines and consider each parent’s financial situation and parenting time. When custody or visitation is limited due to a restraining order or safety concerns, those restrictions can affect how child support is calculated.
Because restraining orders and child support orders can carry serious personal and financial consequences, it is important for anyone facing DV charges to approach these issues carefully. A Los Angeles criminal law lawyer can help protect your rights.
Talk to a Los Angeles Domestic Violence Attorney for Free
One DV accusation can ruin your life. Don’t face it alone. The domestic violence lawyers serving Los Angeles at Simmrin Law Group will defend you as if you were a member of our own family.
Let us give you a 100% free consultation to help you understand your case and your legal options in Southern California today. For more information, check out our helpful FAQ page.
Call or text (310) 896-2723 or complete a Free Case Evaluation form