Being arrested on a domestic violence charge can be both overwhelming and intimidating, especially if it's your first brush with the legal system. In California, and particularly Los Angeles, these charges are handled with the utmost seriousness, given the potential harm to those involved. This guide breaks down each step following a domestic violence arrest and explains why having an experienced attorney, like The Law Offices of Christopher Chaney, can make a crucial difference in the outcome of your case.
Immediate Steps After a Domestic Violence Arrest in Los Angeles
Following a domestic violence arrest, the process typically starts with a call to law enforcement. When officers arrive, they assess the scene and, if they believe violence or threats occurred, they often proceed with an arrest, given California’s strong stance on domestic violence cases.
The Booking Process
After the arrest, the accused will be taken to the nearest police station for booking. This process includes photographing, fingerprinting, and recording the accused’s personal information. Once booked, the person may remain in custody until bail is posted or a court date is set.
Bail and Release Options
In California, bail is generally an option unless specific circumstances prevent release. Bail amounts are determined based on the seriousness of the charges and any prior history. If the accused cannot afford bail, they may remain in custody until arraignment, which typically happens within 48 hours, excluding weekends and holidays. This is when having a knowledgeable attorney can help, as they can request a bail reduction or alternative release arrangements.
Types of Domestic Violence Charges in California
Domestic violence in California can be charged as either a misdemeanor or a felony, depending on the nature of the incident, any resulting injuries, and the accused's history.
Misdemeanor Charges
A misdemeanor domestic violence charge generally involves threats or minor physical harm. Convictions can lead to jail time, fines, probation, and mandatory participation in counseling. For example, an argument leading to a minor scuffle might be charged as a misdemeanor if no significant harm occurred.
Felony Charges
Felony domestic violence charges are reserved for more severe cases, often involving significant injuries or prior offenses. Convictions can result in prolonged imprisonment, larger fines, and a criminal record that affects future employment and housing opportunities. Imagine an incident where physical force caused serious injury; such cases typically result in felony charges due to the severity of harm.
Understanding Restraining Orders in California
After a domestic violence arrest, the alleged victim might request a restraining order, or the court may issue one automatically.
Emergency Protective Orders (EPOs)
An EPO, requested by law enforcement, offers immediate, short-term protection and can last up to seven days. This type of order may restrict the accused from returning home, regardless of whether family members live there.
Temporary Restraining Orders (TROs)
A TRO lasts up to 25 days and restricts the accused from contacting the alleged victim or entering their home. These orders are often requested during initial court proceedings to provide ongoing protection until a hearing determines further action.
Permanent Restraining Orders
If the court finds long-term protection necessary, a permanent restraining order, lasting several years, may be issued. Violation of this order is a criminal offense, leading to additional penalties. Permanent orders may also require the accused to surrender firearms, emphasizing California’s commitment to reducing risks in domestic situations.
The California Court Process for Domestic Violence Cases
From arraignment to trial, each stage of a domestic violence case plays a critical role in determining the outcome.
Arraignment
During the arraignment, the court formally charges the accused and requests a plea. This hearing is also where the judge may modify bail or release terms and set future court dates. Having a skilled attorney is essential here, as they can advocate for more favorable release conditions and set a strong foundation for defense.
Pre-Trial Negotiations and Plea Deals
Pre-trial proceedings involve discussions between the defense attorney and the prosecutor, who may offer a plea deal. For example, a plea bargain might reduce a felony charge to a misdemeanor if the accused agrees to a lesser sentence. A seasoned attorney will evaluate whether a plea deal is the best choice or if it’s advantageous to proceed to trial.
Trial
If no agreement is reached, the case moves to trial, where both sides present evidence and call witnesses. The prosecution must prove guilt beyond a reasonable doubt. Your attorney’s role is crucial at this stage, as they challenge evidence, cross-examine witnesses, and present a compelling defense to ensure a fair trial.
Defenses to Domestic Violence Charges in California
Domestic violence allegations may arise from misunderstandings or disputes. The Law Offices of Christopher Chaney examines each case individually, exploring possible defenses based on the specifics of the incident.
False Accusations
In some cases, domestic violence allegations are made falsely, either out of anger, revenge, or in an attempt to gain leverage in family law matters such as divorce or child custody. A domestic violence attorney can investigate the circumstances and gather evidence to prove that the accusations are unfounded.
Self-Defense
If the accused acted to protect themselves or others, the defense must demonstrate that force was used reasonably in the circumstances. For instance, if a heated argument led to defensive actions to prevent harm, self-defense may apply.
Insufficient Evidence
Every domestic violence case requires substantial evidence. Defense attorneys may find gaps in the evidence, such as questionable injuries or contradictory witness statements, to argue for dismissal.
Why You Need a California Defense Attorney
Domestic violence charges impact not only the accused’s freedom but also their future. Working with a seasoned attorney means having someone in your corner who understands California’s domestic violence laws and can navigate the court process effectively.
An Experienced Attorney Can Help You
- Understand the Charges: Your attorney will clarify your situation, potential penalties, and legal options.
- Build a Defense: A thorough investigation can reveal key evidence that challenges the prosecution’s claims.
- Negotiate with Prosecutors: In many cases, an attorney can secure a reduction in charges or minimize penalties through negotiation.
- Guide You Through Each Step: From arraignment to potential trial, your attorney will provide ongoing support, explaining each stage to alleviate the stress involved.
Need Help After a Domestic Violence Arrest in Los Angeles? Contact The Law Offices of Christopher Chaney Today
If you're facing domestic violence charges in Los Angeles, Pasadena, Long Beach, Glendale, Burbank, or other nearby areas, the impact on your life, career, and relationships can be severe. Protect your future by turning to The Law Offices of Christopher Chaney, where our skilled legal team understands California's domestic violence laws and knows how to navigate even the most complex cases. Our firm is dedicated to defending your rights and working tirelessly toward the best possible outcome.
Don't face these charges alone—take action now. Call us at 818-330-5198 or reach out online for a confidential consultation. With our team on your side, you can begin building a powerful defense today.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.
