A domestic violence charge should not be taken lightly. If you are convicted, it will likely affect your relationship with your children, limit employment opportunities, forever change your personal and professional relationships, and may even take away your freedom.
Our team of Los Angeles domestic violence lawyers has over four decades of combined experience handling cases involving family abuse. We confidently take on any domestic abuse case and aggressively defend the rights of the accused. Our compassionate attorneys are committed to providing a personal approach by skillfully representing your unique needs and interests.
What Actions are Considered Domestic Abuse?
Domestic abuse can take many forms. One of the most obvious forms include physical violence, which can involve any physically harmful actions such as hitting, slapping, pushing, choking, or kicking. Emotional domestic abuse involves any behavior that is controlling, manipulative, punishing, and hostile. This form of abuse may also involve verbal harm harsh criticism, blame, accusations, name-calling, and threats.
Financial abuse occurs when someone asserts financial dependence of another through control, constraints, harsh financial accountability, and penalties or unapproved spending.
Sexual violence is common in many domestic abuse cases, and constitutes any abusive sexual behavior that includes force or threats of force to commit unwanted sexual contact or forced sex. Finally, harassment or intimidation through phone calls, text messages, emails, or letters could also appear in family violence cases.
What are the Legal Penalties for Domestic Violence?
Due to the violent and damaging nature of domestic violence, these charges are aggressively prosecuted. Harsh consequences arise from both misdemeanor and felony convictions. Misdemeanor penalties include up to one year in jail and fines of up to $6,000. For a felony conviction the consequences include up to four years in prison, felony probation, and fines of up to $10,000.
Additional consequences may include a loss of child custody, anger management courses, a 52-week rehabilitation program, community service, a restraining order, and the revocation of your right to own or possess firearms.
Ultimately, the extent of the legal penalties depends on the circumstances surrounding the offense, the seriousness of any injuries to the alleged victim, and the past criminal history of the alleged perpetrator. A lawyer in Los Angeles could help someone accused of domestic violence avoid or minimize these penalties.Â
False Allegations of Family Violence
Frequently, false allegations of domestic violence are brought to court for the purpose of harming the reputation and character of the accused. These situations may occur when, the accuser is seeking to gain the upper hand in a child custody battle or divorce proceedings. In other cases, the he or she may simply wish to hurt the accused out of anger, resentment, or jealousy. The top priority of our attorneys in Los Angeles is to provide skilled and aggressive defense against these false domestic violence accusations. We could work tirelessly to make sure your side of the story is told and that you receive a fair and just legal outcome.
What if the Accuser Wants to Drop the Charges?
Due to the highly emotional nature of family violence situations, it is not uncommon for the alleged victim to recant their statements because they no longer wish to pursue charges. In California, however, an individual can be arrested, charged, and prosecuted without the alleged victim’s cooperation. It is often believed, especially if the alleged victim is a spouse or cohabitates with the accused, that the individual wishes to drop the charges out of fear or the significant psychological effects that arise from systematic verbal, emotional, and physical abuse. The prosecution typically proceeds with the criminal case with or without the cooperation of the alleged victim with many of these cases resulting in a conviction. A Los Angeles attorney could help someone prepare for the criminal justice process in a domestic abuse case.
Legal Defenses to Domestic Abuse Charges
If you have been accused or charged with domestic abuse, you might feel all hope is lost. You may have a restraining order against you, prohibiting you from seeing your family and are frightened by the likelihood of spending time in jail. Still, there are several effective defenses our skilled Los Angeles attorneys could implement to successfully defend you against these serious domestic violence charges. Common legal arguments include:
- The alleged incident was an accident.
- False accusations out of resentment, jealousy, or anger.
- False accusations due to issues involving child custody or divorce.
- Insufficient evidence or a lack of trustworthy evidence in the prosecution’s case.
- Self-defense or the defense of others.
- The injuries were not a result of the defendant’s actions.
Speak to a Los Angeles Domestic Violence Attorney
When someone close to you accuses you of domestic violence, the situation can be devastating. The consequences you face are severe and could change your life forever. If you have been accused of or charged with household abuse, we urge you to contact our Los Angeles domestic violence lawyers for a free consultation as soon as possible.
At the Law Offices of Scott Henry, our legal team understands what you are going through. That is why we are wholeheartedly committed to doing everything within our power to effectively defend you against these charges. You can place your trust in our legal team and know you are in good, capable hands. Our experienced criminal defense attorneys could provide you with superior legal representation that will aggressively represent your interests and result in the best possible outcome for you and your family.