When you are arrested for domestic violence, the process that follows can be confusing and overwhelming. Immediately after your arrest, law enforcement will take you into custody, and the legal proceedings begin.
Understanding your rights and the steps that will occur is crucial as your case moves through the criminal justice system. Knowing what to expect can help you prepare to defend yourself effectively.
If you are arrested for domestic violence, you face serious consequences and a potentially life-changing legal battle. At SoCal Criminal Defense Lawyer, we are here to defend your rights.
Learn more about domestic violence and significant bodily harm below. Then, contact us for a free case consultation.
Domestic violence refers to abusive behaviors in any relationship that one partner uses to gain or maintain control over another intimate partner. It encompasses physical violence, sexual assault, psychological aggression, and emotional abuse.
The victims can include spouses, domestic partners, girlfriends, boyfriends, and other family members. The law takes these offenses seriously because they threaten personal safety and well-being.
In California, domestic violence is not only a public health issue but also a criminal offense that is addressed with severe penalties. It's defined under various statutes outlining what constitutes abuse and the relationships these laws cover.
Victims of domestic violence can seek protection through the legal system, including restraining orders and criminal prosecution of the abuser. Understanding these laws is crucial for both victims seeking protection and defendants facing domestic violence charges.
Domestic violence can take many forms, not all of which are physical. Understanding the various types of abuse can help identify dangerous patterns and offer support to those in need.
Here are some common examples of domestic violence:
Punching, biting, kicking, and other types of physical violence are all types of physical abuse. This abuse leaves marks or injuries and can escalate to more severe violence if not addressed.
Undermining an individual's sense of self-worth, constant criticism, or damaging the relationship with their children can be emotional abuse. Emotional abuse can precede or accompany physical abuse.
Coercing or attempting to coerce any sexual activity without consent is serious. This includes marital rape, forcing sex through physical violence, or other types of intimate partner violence.
Financial abuse involves forcing someone to be subservient financially. The victim becomes dependent on the abuser for financial resources and is forbidden from getting a job or going to school.
In this case, the result is fear by intimidation, threatening physical harm to oneself, the partner, or children. This can lead to serious mental health issues.
Before arresting someone for domestic violence, police officers need probable cause. This means they must have some evidence or reasonable belief that domestic violence has occurred.
Law enforcement officers take these accusations seriously, and once probable cause is established, they have the authority to arrest the alleged perpetrator without a warrant if the incident recently occurred or if they were witnesses.
Following the arrest, the suspect is taken into police custody and processed, which includes taking fingerprints and possibly collecting other forensic evidence.
The accused will remain in custody until they can make a court appearance or are released on bail. This initial phase mandatory arrest is critical as it forms the foundation of future legal proceedings.
When someone is arrested for domestic violence, the legal process follows several steps, each playing a crucial role in the justice system. Understanding these steps can help individuals navigate the process with greater awareness.
Here is a breakdown of the steps involved in the arrest process:
Once a report of domestic violence is made, police officers respond to the scene to investigate. If they determine there's probable cause, an arrest is made.
After arrest, the individual is taken to the police station for booking. This process includes recording personal information, taking fingerprints, and formally a police report without charging the person.
The accused might be held in a police lockup or local jail until their first court appearance or bail is posted.
The accused will appear before a judge. This court date is where bail is set, and charges are formally read.
At this appearance, the accused will enter a plea of guilty, not guilty, or no contest to the charges.
If the plea is not guilty, the case will move to pre-trial proceedings, where evidence is exchanged between the defense and prosecution, and motions can be filed.
If not resolved through a plea bargain or dismissal, the case will go to trial. A jury or a judge will decide the guilt or innocence of the defendant or accused.
When a person arrested is arrested for domestic violence, the court may issue a protective order to help safeguard the alleged victim and their family from further harm. This legal order can significantly restrict the accused's actions.
A Temporary Restraining Order (TRO) can be issued immediately by the court without the accused's presence. This order is intended to a criminal protective order and provide quick protection for the alleged victim by legally preventing the accused from making contact.
The TRO strictly prohibits the parties involved from any form of contact with the alleged victim, directly or indirectly. This includes physical presence, phone calls, messages, emails, or contact through third parties.
Violating a TRO is a major offense and can lead to additional criminal charges. The penalties for violating a restraining order often include fines, jail time, and potential enhancements to the original felony charges already.
Preparing for a domestic violence trial involves several key decisions that can direct the case's outcome. We work to ensure the best possible outcome for our clients.
Your lawyer will start by collecting crucial evidence and talking to witnesses to build your defense. They'll gather text messages, emails, and medical records that can help explain what happened or show what's been going on between you and the other person involved.
This step is vital because it helps your lawyer make a strong case for you, showing your side of the story clearly and convincingly.
Negotiating a plea deal can often settle your case without going to trial, which might be in your best interest. Your lawyer will work with the prosecutor to reduce your charges or lessen the penalties, like a lighter prison sentence, or fine.
This is done in exchange for you agreeing to plead guilty to the charges, which can often lead to a quicker, more certain outcome than facing a trial.
Your case will go to trial if you don't reach a plea deal. Your lawyer will prepare by doing thorough legal research, getting witnesses ready to speak in your defense, and picking a fair jury.
These steps are crucial because they ensure you have the best chance possible in court, with a strong team and solid evidence to support your case.
The consequences of a domestic violence conviction are significant and can affect various aspects of your life.
Under California law, the criminal penalties for domestic violence can include jail time, probation, and hefty fines. The specific penalties you face for a domestic violence offense depend on the statute charged. Domestic violence crimes are often charged under Penal Code 243(e)(1) or 273.5.
If convicted under 243(e)(1), you could face up to six months in jail and a fine of up to $2,000. This crime is a misdemeanor.
273.5 can be charged as either a misdemeanor or felony. If convicted of a felony, you could face up to four years in state, up to five years in prison and a fine of up to $6,000. All domestic violence cases are prosecuted vigorously in California.
A domestic violence conviction can damage your reputation, affect your employment opportunities, and sever personal relationships. It can lead to job loss, challenges in finding employment, and social ostracism.
Conviction can also lead to prison time the loss of several civil rights, such as owning firearms. It can also affect child custody arrangements, limiting or eliminating your custody or visitation rights. Contact us for a strong defense against your alleged domestic violence incident.
Facing domestic violence charges can be overwhelming, but having an experienced attorney on your side can make a significant difference. A domestic violence attorney provides crucial guidance and representation throughout the legal process.
Here’s how a skilled attorney can help:
Facing a domestic violence charge can be daunting, but you don't have to go through it alone. Our Los Angeles domestic violence defense lawyers are here to support you. A domestic abuse conviction on your criminal record could change your life forever.
At SoCal Criminal Defense Lawyer, we are here to defend your rights. Contact us today for a free case consultation.
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