Last Updated on: 27th May 2023, 12:17 pm

Domestic Violence Against Family Members

Domestic violence under the California Penal Code 1203.097 includes offenses against not only people with whom you have romantic entanglements, the code also covers violence against children, brother, sister and even parents. If a crime is committed against someone under these rules, they are subject to receive specific sentencing under the law. While some may view domestic violence different when it comes to some family members, the courts may not.
Common Offenses Against Family Members
Both of these offenses involve boyfriend/girlfriend, spouse and significant others:

• Corporal injury to a spouse: Under the penal code, the following elements must be proven a. The defendant knowingly and intentionally caused harm to a current or former spouse or mother/father of a child. b. The individual received trauma from the injury. c. The injuries inflicted were not in self defense.
• Spousal battery: With spousal battery, it must be proven that the defendant willfully attempted to harm the individual. b. The victim has a current or prior relationship with the defendant that could be deemed a co-parent, co-habitation or dating.

There are unfortunate times when elderly parents are caught in the middle of a domestic violence situation. If you are charged with hitting, striking or terrorizing an elderly person, you could be charged under California’s elder abuse law.
Physical violence against any close family member can be charged as simple battery.
Domestic Violence Cases and Sentencing
An individual who is convicted of a domestic violence charge can suffers a number of consequences:

• Probation for up to three years, along with counseling, fines, fees and a protective order.
• The court may opt for the person to attend parenting or battering classes if the victim is a family member
• A Level One protective order may be issued for the individuals to have peaceful contact

Domestic violence is a serious offense that rarely goes unpunished. If you have multiple offenses, prosecutors may give you a much harsher sentence.
Why Do Prosecutors Have A Difficult Time Prosecuting Domestic Violence Crimes?
One of the biggest things regarding domestic violence crimes is that by the time rolls around for the case to be prosecuted, the parties involved have often made up and refuse to testify against their loved one. This is a very common theme.
This can be very frustrating to a prosecutor, especially when they have gone to a great deal of trouble to protect your rights. However, even in cases, when a victim has not cooperated, the prosecution will often charge the person anyway with some type of crime.
If you or a loved one has been arrested for domestic violence against another family member, you will need a professional attorney for help. There are a number of attorneys in the Los Angeles area who can take on your case. They will look over the facts and provide you with the best defense possible. Call today for a free consultation. Allow an attorney to preserve your rights.

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.

Domestic Violence Defenses 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 Lawyers 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 victimSometimes, 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.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.

Domestic Violence Penalties

As a state policy, California takes domestic violence seriously. Both the statutes on the books and the manner in which courts enforce those laws expose one accused of such a crime to severe penalties. The following is a brief overview of how DV is handled in the California legal system.
Who may be Charged
Many people are surprised to learn the scope of DV laws. Not only can a spouse be charged but any of the following relationships are considered domestic:
• Spouse or former spouse
• Roommate or former roommate
• Someone you are dating or formerly dated
• Parent of your child
• Relative such as parents, siblings, aunts, uncles, nephews, nieces and first cousins
What is Abuse
According to California Family Code Section 6203, abuse is defined as:
“For purposes of this act, “abuse” means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or another.”
Misdemeanor or Felony
DV cases are handled in California by a special prosecutor’s division that handles only these types of cases. It will be up to the assigned prosecutor to determine if your case will be pursued as a misdemeanor or felony. The primary factors in that determination are the nature of the circumstances of the alleged present crime and any history of violence or criminal behavior in the past.
Importantly, even if the alleged victim recants the accusation, as often happens in DV incidents when the emotion of the moment subsides, the prosecution may nonetheless continue to pursue the charges.
Misdemeanor DV
If there were only threats or minor injuries with no priors, there is a good chance you will be charged with a misdemeanor, but the penalties can include:
• No contact order with the victim
• 52 week domestic violence class
• 40 hours community service
• Fine, fees and restitution
• Up to 6 months in jail
• 3 years of probation
Felony DV
If serious injuries were involved or a previous DV incident, you will almost certainly be looking at a felony. A felony carries similar penalties as a misdemeanor but with jail time of 3 months to 3 years possible.
Other Potential Consequences
Depending on the specific circumstances, a conviction for DV could result in loss of custody rights, loss of gun rights and immigration consequences for non-citizens, such as deportation or non-admissibility to the United States.
Defenses to DV
If you’re charged with DV, it is important to retain experienced counsel as soon as possible. Potential defenses include the incident was an accident, the injuries reported resulted from something other than the defendant’s actions, self-defense or a false accusation. The facts of the matter will be thoroughly explored and the best possible defense will be mounted, which may include a plea to a lesser charge and/or an alternative to jail time.
One option may be a pre-trial diversion program if the defendant qualifies. If so, successful completion of the program may result in dismissal of the charges.

Setting The Stage For Trial In A Domestic Violence Case

The Terrifying Reality of Domestic Violence Sentencing in Los Angeles

Domestic violence, an emotionally charged and devastating crime, has become a serious issue the justice system cannot ignore. With every horrifying incident, the authorities’ determination to address this problem intensifies. Society no longer deems domestic violence as a private affair among individuals; it is now considered a severe threat to public safety and well-being.

In this article, we will examine the sentencing process for domestic violence charges in Los Angeles and the tremendous consequences for those accused. We will explore the various potential outcomes, possible defenses, and the importance of working with an experienced domestic violence lawyer.

Behind Bars or Living with Probation? Understanding the Consequences

The severity and consequences of a domestic violence sentence ultimately depend on numerous factors. Key considerations include the gravity of the crime, the defendant’s previous criminal history, and whether the charges involve a felony or a lesser offense.

First-time offenders may experience more leniency from the courts, but this should not be mistaken for indifference. Those involved in the justice system are determined to eliminate domestic violence through rehabilitation and appropriate punishment.

A Glimpse into the Life of Probation

Probationary measures may range from supervised to unsupervised, depending on the judge’s discretion. The guilty party must adhere to specific guidelines mandated by the state to remain compliant with probation terms. These may include anger management courses, counseling sessions, dispute resolution courses, and even occasional weekend detention.

The objective of probation is not solely to punish but also to provide tools to individuals who struggle with anger and emotional issues, allowing them to make better decisions and lead more responsible lives.

Domestic Violence: A Crime That Goes Beyond Intimate Relationships

California Penal Code 1203.097 recognizes domestic violence as any act of violence against not only romantic partners but also children, siblings, and parents. Such a definition emphasizes the gravity with which the justice system treats these offenses.

When violence is inflicted on a family member, the courts enforce specific sentencing according to the law. Regardless of whether the offense involved physical or psychological harm, domestic violence carries severe consequences that can affect the lives of both the accused and the victims.

Battling for Innocence: A Defendant’s Struggle for Representation

Facing domestic violence charges can be a daunting and intimidating process. A crucial factor for navigating such a case is to work with an experienced and knowledgeable domestic violence lawyer who can effectively represent the defendant’s interests and rights.

Successful defenses in domestic violence cases can include evidence of innocence, false allegations, lack of intent, or self-defense. Regardless of the specific circumstances, it is essential to collaborate with a legal professional experienced in handling domestic violence cases. An experienced attorney can develop the most suitable and compelling defense strategy to ensure a fair and just outcome.

The Daunting Prospect of Life after a Domestic Violence Conviction

The repercussions of a domestic violence conviction can be lifelong and far-reaching. It can lead to consequences such as incarceration, fines, restraining orders and loss of child custody or visitation rights. Additionally, a conviction can result in the loss of the right to own a firearm, affect immigration status or eventual deportation for non-citizens, and damage one’s reputation.

A criminal record resulting from a conviction can also create significant challenges in securing employment, housing, and other opportunities. The support and guidance of a skilled domestic violence lawyer are crucial for navigating these challenges and securing your future.

In Conclusion: Your Future Hangs in the Balance

Domestic violence sentencing in Los Angeles carries critical implications for those involved. As society continues to confront the ugly truth of such crimes, the necessity for the justice system to combat domestic violence becomes more urgent than ever.

With so much at stake and your life in the balance, working with an experienced domestic violence attorney is essential. Their knowledge, expertise, and commitment to your legal rights will provide you with the best chance for a just and fair outcome. Don’t let your future slip away; take decisive action now to protect your rights and reclaim your life.