Los Angeles, California
Domestic Violence Charges
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Legal Definition
Since the OJ Simpson case, the County of Los Angeles has taken domestic violence very seriously. It can be a misdemeanor or a felony depending on the facts alleged. People get into heated arguments and use physical force. Someone calls the police, and that is when everything falls apart.
Do I have to leave my own home? Can I send a text to my wife?
Once you are accused of domestic violence, there is almost always a criminal protection order issued against the abuser. This means the abuser must stay away from the victim. This includes all contact, that is, phone, email, or texts.
There is a case of a husband and wife with a minor child. The husband allegedly pushed the wife. The husband had to leave his home because of the protection order. He could not communicate with his 25‑year‑old wife, and failing to obey the protection order is a crime. The family was already facing financial difficulties, and the cost of paying rent is added pressure.
What happens if my woman/wife/partner/girlfriend does not want me to be prosecuted?
Often, in a domestic violence case, the victim retracts. But at some point, it no longer depends on the victim whether she/he wants to press charges. Most of the time, the court issues a level‑1 protection order, which allows peaceful contact. But other times, a full protection order remains in effect throughout the judicial process and probation, which can take years.
What can I expect from a first‑time misdemeanor domestic violence charge in Los Angeles County since 2013?
A felony domestic violence charge will not only go on your record, but you may serve 2 years or more in state prison. For misdemeanors, you may face 1 year in Los Angeles County jail. Sometimes, the prosecutor will offer a plea deal, which will include the following:
- 52 weeks of domestic violence classes.
- $500 to the domestic violence fund.
- 3 years of summary probation.
- Court fines and fees.
- Restitution if applicable.
- Protection order for the partner.
- Possible deportation.
The classes, fines, sentence evaluations, and attorney fees can easily run into thousands of dollars. This does not include the costs of living separately and paying support to your spouse or partner. You may also lose custody of your minor children.
Can a wife / girlfriend be charged with domestic violence? What if I am younger than my husband/boyfriend?
Yes. It is not only men who are charged with domestic violence. Women are charged with the same offense just as easily, regardless of their size compared to the victim. In short, domestic violence can have devastating consequences for everyone.
WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS
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