NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 2nd October 2023, 06:50 pm
Domestic violence is a scourge for many people, mostly women. Whether physical or moral, the brutality exerted by one spouse on the other spouse is too often devastating. Following an incident of domestic violence, it will then be frequently necessary to petition a judge for family matters either in the context of a divorce proceeding or in the context of a request for setting the right of access and accommodation, as we may do when there are children.
Therefore, you may wonder: “With domestic violence, when should I consult a lawyer?” Remember, domestic violence may be psychological violence (insults, moral harassment, threats, etc.); physical abuse (injuries, beatings, etc.); or sexual (sexual assault or rape). Domestic violence can, therefore, take different forms that often accumulate or intermingle and the purpose of which is to belittle, denigrate and dominate the other.
Domestic violence goes far beyond the mere arguments of a couple. It is a relationship of dominant / dominated which is long-term and which progresses towards acts that are more and more violent. This violence can be: psychological (screams, humiliating or belittling remarks, threats concerning relatives or oneself, insults, etc.); physical (blows, jostling, wounds, etc.); sexual (forced or non-consensual sexual relations). Indeed, the penal code provides that: any activity constitutes a sexual assault if it is a sexual act committed with coercion, violence, or threats.
In the majority of cases, they are part of a process in which there is a gradual escalation of violence, resulting in aggressive, violent and destructive behavior. As a reminder, rape is a crime, and for that reason, it is tried before the criminal courts. Consult your lawyer to find out what your rights are as a victim. Remember, the victim often remains ambivalent about an aggressor, who seeks to minimize the aggressor’s actions by justifying them, denying or reducing the aggression and making the victim feel guilty.
The role of the family law lawyer for the perpetrator of domestic violence will be to advise, assist and defend him/her in civil or criminal proceedings. A judicial review or a placement in a restraining order allows, in principle, the avoidance of risk. In this context, a competent lawyer for domestic violence, assures your defense and will help you get custody of your children if you are the victim.
In general, you should prefer a lawyer with whom you feel comfortable. Family law is a personal domain, and you will have to entrust a lot of things, sometimes sensitive, to your lawyer so that he can better advise you and defend you. An excellent domestic violence lawyer should be a specialized, experienced professional who has been fully involved in family law for years.
Also, after this type of trauma, it may be useful to be followed by a specialized psychologist. The victim who wishes to file a complaint is then informed of the date of the hearing. To the penal aspect was added a civil protection measure called a restraining order.
Therefore, a judge can forbid an aggressor to meet a victim, or force an aggressor to submit to a health care, social or psychological evaluation. A judge can thus force an aggressor to reside outside the couple’s home, to refrain from appearing in that home or the immediate vicinity of it. Remember, a lawyer’s competence is not limited to encyclopedic knowledge of the rules of law and legal information.
In parallel to the domestic violence proceedings, if you are a victim of domestic violence, I advise you to initiate a divorce procedure for fault against your spouse. Also, taking action in the wrong jurisdiction or failing to meet legal deadlines can waste a lot of time, and seeing your case returned several times without understanding the cause can be very frustrating. Therefore, take decisions to protect yourself, to protect one’s children, to overcome shame, to defend oneself with discretion, to confide in someone, to express oneself, and to find the legal solutions to get out of a domestic violence situation.
Remember, once the custody battle is over, in cases of domestic violence it is widespread for the accused to be brought directly before a court.
Domestic Violence in California
Anyone accused of domestic violence has a difficult journey ahead of them. The emotional turmoil and the upset to the family home associated with these situations are not things that can be resolved easily. If you have been charged with domestic violence in Los Angeles, then you need a skilled, dedicated criminal defense lawyer working for you.
Being Arrested for Domestic Violence in California
Emergency phone calls relating to domestic violence are a common occurrence. A few of these phone calls involve a genuinely dangerous and potentially life-threatening situation. However, the vast majority of 911 calls that involve allegations of domestic violence mask something else entirely.
Frequently, when police respond to a report of a domestic disturbance or domestic violence, they don’t have the time or the resources to sort out what really happened. The person who made the 911 call is automatically the victim while the other party is cast as the aggressor. This is typically the case even when the person who made the emergency call started the confrontation and perhaps even caused the worst of the physical injuries.
Moreover, the police are always determined to take someone to jail when a domestic violence call is made. Once again, it is the person who did not make the call who is usually going to visit the jail for booking and processing. It’s not a perfect response to a very disturbing situation, but it seems to be the default whenever the police are called in for domestic disturbances.
Perhaps the most concerning accusations of domestic violence are those that are completely false. Many people have been known to accuse a spouse, former spouse, romantic partner, relative or other close associate with abuse even if no physical or emotional mistreatment ever took place. These accusations may be made for any number of reasons including revenge, a desire to destroy the reputation of the accused or the hope of prevailing over the accused in divorce or custody matters. Unfortunately, once these accusations are made, it is extremely difficult to have them dismissed.
The Victim Does Not Have to Press Charges
Although the victim in a California domestic abuse case often makes the phone call that starts off the situation, they do not always want to move forward with charging the accused. As clearer, calmer heads prevail and reason returns, they may realize that the other person didn’t intend them any harm. Sadly, if charges of domestic violence have already been filed, it is no longer the purported victim’s decision to pursue charges. California law makes it possible for the District Attorney alone to decide whether or not to proceed with domestic violence charges. The District Attorney reviews all evidence and statements made in connection with the incident. Medical reports are reviewed as are photographs of any injuries alleged to have been suffered as the result of a domestic disturbance.
In fact, the District Attorney decides not only if charges should be pursued but also whether those charges should be at the misdemeanor or felony level. It’s not unusual for the D.A. to look at the severity of the injuries when it comes to deciding to pursue a misdemeanor or a felony. A case that has few or no injuries may not be pursued at all. On the other hand, the D.A. may look at other facts and evidence before deciding to pursue the case as a misdemeanor. If the injuries suffered by the victim were sufficiently serious, then the defendant may be facing felony charges. The most serious injuries may motivate the D.A. to pursue the crime as a strike under California’s Three Strikes law. No matter how the D.A. decides to treat a case, the defendant always needs an aggressive criminal defense attorney working for them.
Penalties for Domestic Violence in California
At the misdemeanor level, the defendant may be sentenced with up to one year in a county jail. Attendance at a one-year counseling program is another typical consequence. Some defendants will be required to pay various fines and serve 40 hours of community service. A stay-away order may also be put into effect. This can bar the defendant from having any kind of contact with the victim and may even force the defendant to move out of their residence.
Penalties for a felony conviction are even harsher as they can include between two and four years in a state prison. They may be given similar consequences such as attending the 52-week counseling program, serving 40 hours of community service, paying fines and complying with a stay-away order. Clearly, domestic violence charges are viewed very seriously in California.
Working With a Los Angeles Domestic Violence Defense Attorney
If you have been accused of domestic violence in California, then you need a defense attorney to represent you in court. The justice system appears to be heavily biased toward the victim in domestic abuse cases, but your attorney knows that you deserve a zealous defense. That’s exactly what you get when you work with this firm of Los Angeles domestic violence defense lawyers. These cases can be complicated and emotionally draining, but these practitioners are determined to see justice done. They have the experience, talent and legal skill that are necessary to provide an adequate defense. Their connections with law enforcement and the D.A.’s office help them understand domestic violence cases from all sides. Contact them to begin strategizing your defense.
Navigating Domestic Violence Charges in LA? How to Find the Best Lawyer to Defend Your Rights
Facing accusations of domestic violence in Los Angeles can disrupt your life and leave you distressed about what comes next. While these allegations should never be taken lightly, neither should your right to effective legal representation. Having an experienced LA domestic violence lawyer in your corner can make all the difference in reaching the best resolution.
But how do you go about finding the most qualified domestic violence defense attorney to fight for you in LA? What should you look for? Who are the top lawyers in this field and how much will their help cost? This guide covers everything you need to know about selecting elite counsel to tackle domestic violence charges in Los Angeles.
Why LA Domestic Violence Charges Require Specialized Counsel
In California, domestic violence laws allow for heavy-handed prosecution of not only physical abuse, but also verbal altercations. Even shouting matches between spouses or partners can trigger criminal penalties under DV statutes that have extra teeth.
LA prosecutors often pursue domestic cases aggressively, seeking harsh sentences for conviction including jail time, probation, 52-week batterer intervention programs and restraining orders. Simply being charged with domestic violence in Los Angeles puts your freedom at risk.
Dodging draconian penalties requires a lawyer intimately familiar with local prosecutors and judges. LA also sees many complex, high-profile domestic violence cases involving celebrities that ratchet up scrutiny. The counsel you choose must be equipped to handle intense public attention.
Bottom line: facing domestic violence accusations in Los Angeles is scary without the right guidance. The mistakes you make now in legal representation could haunt you for years. Tread carefully.
Credentials of an Elite LA Domestic Violence Attorney
All lawyers are not equal when it comes to beating domestic allegations in Los Angeles. When researching counsel, here are key credentials that separate average from exceptional:
- Decades specifically focused on LA domestic violence defense.
- Deep relationships with local prosecutors, judges, and law enforcement.
- Extensive trial experience taking DV cases in LA to verdict.
- History of achieving full dismissals and acquittals for clients.
- Knowledge of cutting-edge defense strategies prosecutors aren’t expecting.
- Demonstrated skill handling high-profile LA domestic cases covered in media.
- Stellar former client reviews and independent attorney ratings.
- Competitive rates and flexible payment options.
This caliber of proven, distinguished LA domestic violence lawyer offers your best shot at winning dismissal before trial, acquittal at trial, or penalty reduction in a plea bargain. Don’t settle for less.
Where to Find the Top Domestic Violence Lawyers in Los Angeles
LA benefits from having many of the nation’s elite domestic violence defense firms. Identifying attorneys with the right blend of experience, reputation, relationships and resources starts with researching these key resources:
- State Bar of California: Verify licenses and review discipline records.
- Avvo: Check client ratings and peer endorsements.
- Super Lawyers: Look for attorneys named to their selective annual LA list.
- National Trial Lawyers: See if the lawyer is listed among their “Top 100” in California.
- Google: Search names and read online reviews.
- Courtroom Results: Scan their case records for dismissals and acquittals.
- Initial Consultations: Gauge expertise and compatibility.
Vetting counsel thoroughly upfront makes finding the best attorney for your case possible. Home in on those consistently recognized for excellence defending domestic violence in Los Angeles.
Warning Signs of a Bad Lawyer to Avoid
In contrast, here are some glaring warning signs a potential lawyer is NOT suited to defend your LA domestic violence case:
- They immediately discuss plea deals before hearing case details.
- They lack any reviews online from former clients.
- Their website fails to mention specifics on domestic violence experience.
- Their fees seem suspiciously low compared to competitors.
- They fail to ask key questions about your case during consultation.
- They talk negatively about judges and prosecutors.
- They struggle to explain their defense strategy.
- They pressure you to immediately hire them.
Any of these red flags suggest inadequate skills or experience needed to win. Look elsewhere for counsel rather than risking your defense to a subpar attorney in over their head.
What is the Typical Cost to Hire a Domestic Violence Lawyer in LA?
Quality legal help defending domestic allegations in Los Angeles carries a cost, but one that’s worthwhile to avoid jail time and salvage your reputation. What can you expect to pay?
For an elite domestic violence lawyer, retainers typically range from $5,000-$15,000 upfront. Billing rates are around $250-$500+ per hour. Flat fees of $15,000-$25,000 for the entire case are also possible.
While not cheap, the strongest LA attorneys offer payment plans making their services affordable. The investment provides you the best chance at dismissal or acquittal – a bargain given the alternative.
Budget attorneys with cut-rate fees may seem tempting. But skimping on counsel is penny wise and pound foolish. A conviction will cost you exponentially more over a lifetime.
Act Fast to Ensure the Best Legal Defense
Time is critical when fighting domestic violence in Los Angeles. Evidence disappears, memories fade and prosecutors build momentum.
Engage a top LA domestic violence attorney immediately after charges are filed. Demand an aggressive defense tailored to the unique circumstances of your case. This proactive approach gives you a head start on achieving the best possible outcome.
With targeted research and trusted counsel secured early, defending your rights is possible – even in the LA courts known for pursuing DV cases hard. Don’t wait to get the respected defense lawyer on your side who will fight to win.