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Domestic Violence Consequences in Los Angeles
Spousal violence is an aspect of family law and constitutes a privileged area of competence within the law. The legislation also now classifies as an aggravating circumstance the violence committed against spouses, partners, and a former spouse. It additionally does not matter if the assault is perpetrated against the spouse or the children, which makes it possible to take into account stepfamilies.
In the case of domestic violence, it is important to act and not get lost in silence. The use of a lawyer is therefore strongly recommended. A lawyer can write legal documents for your account, advise you on your steps, or assist you in an amicable negotiation. In any case, if a hearing was postponed, and the violent party was not detained, it is entirely possible to ask the court that your cohabitant or spouse be placed under judicial control with the prohibition of getting in touch with you until the next hearing.
These violent phases can last a very brief time in the beginning but frequently lengthen with time. This pattern makes the victim believe that the spouse is not violent, but someone caring. That the violence has overwhelmed him/her and that this will not happen again.
If you leave without your children, this is also a risk because the judge often assigns custody to the parent who has been at home with the children. In general, you should also prefer an unfamiliar lawyer who is competent in family law rather than a lawyer who specializes in another area who you may be familiar with. It will be enough for a lawyer to prove the plausibility of the alleged acts of violence.
The law firms working against domestic violence commit every day to the victims to enable them to assert their rights to the recognition of their status and ultimately a reparation for acts of violence. By talking to a lawyer, you will find someone to listen to you. Maybe in your situation, for example, a conciliation or mediation measure, faster and less confrontational, will be more suitable.
Remember, rape and other forms of sexual assault occur when they have been imposed on the victim. This assault is illegal regardless of the nature of the relationship between the abuser and his or her victim, even if the bonds of marriage unite them. Also, there are many possible actions in cases of domestic violence. These actions may include the attribution of the marital home to the victim, the prohibition on the offender to carry a weapon or to enter into a relationship with his spouse or former spouse, the authorization for the victim to conceal the address of his domicile, or the detention in custody of the violent spouse for the most grave cases.
If you can not pay the fees of a lawyer, you should also be aware that there are many free hotlines organized by town halls and the various law societies. The free lawyer you meet with may not be able to represent you or assist you during your proceedings, but he can listen to you, advise you and guide you on the way forward, including advising you on the usefulness of initiating legal actions and whether or not to use a lawyer. Many victims appearing alone at a hearing are entirely lost even if they are helped a little by the court.
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Defending Oneself Against Domestic Violence Charges In Los Angeles
Domestic violence is a serious crime that unfortunately takes places in cities and towns all across America every day. When people who live under the same roof are not able to handle their disputes like adults and use their words, they sometimes turn to violence against one another. It is sad that we have to live in a world where this is the case, but we know at this point that there are people out there who are like this and who know nothing but violence when it comes to trying to handle their affairs.
Just because a person is charged with a domestic violence charge does not necessarily mean that they are guilty of those charges. That may not be the case at all as a matter of fact. It is important that everyone gets fair representation in court so that they are able to make the case and have their rights protected at the same time. We want to look at some of the defenses against this crime today.
Self-Defense
Police are often in a tough situation when they respond to domestic violence calls. They have to try to figure out what was going on before they arrived and essentially who started it. There is a strong likelihood that neither individual is going to claim responsibility for any kind of criminal action that they may have taken, so the police have make these determinations themselves without all of the information.
In at least some cases the police may actually arrest the wrong person and simply get it wrong because they have incomplete information. They may actually arrest a person who has done nothing but used self-defense measures to protect themselves against an abuser. If that is the case, then self-defense is a perfectly reasonable defense against these types of charges.
False Accusations
Domestic violence calls are frequently chalk full of false information. One party in the situation wants to get the other party in trouble. To do so, they may make up false accusations to level at the other person just to make that person look bad. This is not a fair tactic to use, but that doesn’t stop people from doing so on a regular basis.
Sometimes the person who makes the false claims later regrets doing so, but once they have a statement like this to police it is hard to take it back. The person who has been arrested due to false claims made by another person can certainly raise this defense in court. They can show through evidence that things said about what they did were not accurate.
Lack Of Evidence
One of the most common elements in a domestic dispute in a lack of evidence. Police only arrive on the scene after the dispute has already been ongoing for some time. They are almost certain to be at a loss for having all of the information that they really need. It is actually quite common that a lack of evidence throws a wrench in a case and may prevent a guilty party from really being known. Simply put, there may just not be enough out there to say with certainty that any particular person ought to be responsible for the charges brought against them. This too is a reasonable defense to make.
Domestic Violence Offenses with Firearms in Los Angeles
Sometimes, a domestic violence offense involves a dangerous or deadly weapon. In this case, the defendant may have a charge of assault with a deadly weapon brought against them. This is a felony charge. The defendant may also be subjected to additional charges or penalties as well as receive a “strike” regarding California’s Three Strike Law.
If the deadly weapon involved in the crime is a shotgun, pistol, gun, or any other firearm, California law allows the defendant to have an assault with a firearm charge leveled against them. If the victim was a family member or intimate partner of the defendant, and the defendant is placed on probation rather than jailed, the defendant will be subject to the mandatory sentencing requirements outlined in California Penal Code Section 1203.097.
Does a Weapon Need to Be Fired for Criminal Charges to Be Filed?
If a loaded firearm is pointed at another individual, the defendant could be given an assault with a firearm charge. It does not matter whether the weapon was discharged during the incident. Anyone who points a loaded gun at a family member in the midst of a domestic dispute is potentially subject to very serious felony charges.
If the firearm wasn’t loaded, the defendant may still be additionally charged with brandishing a weapon. Depending on the circumstances and the judge, this charge can be either a misdemeanor or felony. It does not count as a “strike” offense.
For a firearm to qualify, it must operate through combustion or an explosion. BB guns and pellet guns don’t qualify as firearms under California’s penal code. This means that if the defendant points a BB gun or pellet gun at a family member, they cannot be charged with additional weapon-related crimes. They will still be charged with a domestic violence offense, however.
Does Assault with a Firearm Count as a Domestic Violence Offense?
Whether a crime qualifies as a domestic violence offense depends more on the relationship between the involved parties than on the offense itself. When the defendant and victim have a relationship that fits the definitions outlined by California Family Code Section 6211, the offense qualifies as a domestic violence incident.
The state of California has minimum sentencing requirements in domestic violence cases in which the perpetrator is put on probation rather than jailed. These requirements are outlined in California Penal Code Section 1203.097. The following penalties are included:
- A $500 minimum fine
- Adherence to a restraining order issued by the court to prevent further contact between the defendant and the victim
- Completion of a year-long batterer’s class along with periodic progress updates for the court
- A probation period lasting at least three years
The defendant would also be prevented from possessing firearms. If the defendant is convicted of a felony offense, the firearms prohibition will last for the rest of their life. Under federal laws regarding domestic violence and firearm offenses, the defendant will be barred from the possession of a firearm even if their conviction is a misdemeanor.
In cases involving the use of firearms, sentencing judges are much more likely to issue jail or prison time than in domestic violence cases that do not involve firearms. Even if the defendant is convicted of a domestic violence offense without the added firearm offense, they will still lose their right to own a firearm.