Domestic Violence Arrests in Los Angeles: Police Procedure & Your Rights

The way domestic violence laws in California are viewed has changed a lot in recent years. What was once seen as a private family issue is now taken very seriously by the law.

Big cases, like the O.J. Simpson trial, have changed how police handle these situations. Now, they follow strict rules to protect victims and collect evidence.

Even first-time offenders can face serious felony charges and possible prison time. The consequences are very high for anyone accused in Southern California. Police officers have specific steps when they arrive at a domestic disturbance. They separate everyone and document any injuries or damage.

Knowing your rights is very important. These cases are complex, so getting a good lawyer right away is key. Different types of domestic incidents, from fights to emotional abuse, need special legal help. Experienced Los Angeles domestic violence lawyers can help you through the legal process.

Understanding Domestic Violence Laws in California

California has strong laws against domestic violence. These laws are found in specific penal codes and are enforced everywhere in Los Angeles County. They help protect victims and make sure cases are handled correctly. If you’re accused, knowing these laws is key to defending yourself.

Definition of Domestic Violence Under California Law

In California, domestic violence means abuse against someone you’re close to. This includes:

• Current or former spouses
• Current or former cohabitants
• People who are dating or previously dated
• People who have a child together
• Close family members related by blood or marriage

The term “abuse” is broad. It means physical harm, sexual assault, or actions that scare or upset someone. Even threats can be considered abuse under California law.

What makes domestic violence different is the relationship between the people involved. This relationship-based rule leads to specific legal actions and rules that don’t apply to other violent crimes.

Penal Code Sections 273.5 and 243(e)(1)

California uses two main laws to handle domestic violence. Penal Code Section 273.5 deals with physical harm to a partner, while Section 243(e)(1) covers battery.

Section 273.5 makes it illegal to cause serious harm to a partner. This is a felony in most cases. The prosecution must prove several things:

• The defendant caused physical harm
• The harm led to a serious condition (like a wound)
• The victim was a current or former intimate partner

On the other hand, Penal Code Section 243(e)(1) deals with battery without visible injury. This is usually a misdemeanor and has less severe penalties than Section 273.5.

When a domestic violence incident happens, detectives might choose which law to use based on the evidence. The severity of the injuries and the history of abuse are important in deciding which spousal battery charges Los Angeles will pursue.

Mandatory Arrest Policies in Los Angeles County

Los Angeles County has a rule that police must arrest in domestic violence cases. This rule is in place even if the victim doesn’t want to press charges.

This rule is a big change from the past, when police often didn’t get involved in domestic disputes. The goal is to:

• Protect victims who might be afraid to ask for help
• Stop cycles of violence by giving immediate consequences
• Keep alleged abusers away from dangerous situations
• Make sure police follow the same rules every time

While these policies are important, they can sometimes lead to arrests in unclear situations. That’s why it’s vital to understand how domestic abuse charges Los Angeles law enforcement works.

These laws and policies are complex. That’s why you need a lawyer who knows them well. Rubin Law, P.C. has a lot of experience with California’s domestic violence laws. They can help you understand your case and your options.

The Domestic Violence Arrest Process in Los Angeles

When police in Los Angeles respond to domestic violence calls, they follow a strict process. This process balances the safety of the victim with the rights of everyone involved. It’s based on California laws and Los Angeles Police Department policies.

This understanding can help people deal with a tough and emotional situation.

Initial Police Response to Domestic Violence Calls

The police response to domestic violence in Los Angeles starts with a 911 call. This call can come from a victim, neighbor, or witness. Because of the urgency, multiple officers are often sent to the scene.

When they arrive, the officers’ first goal is to keep everyone safe. They separate the parties to prevent more violence. This also lets each person tell their side of the story without influence.

Then, officers interview each person separately. They ask about the incident, injuries, weapons, past violence, and if children were there.

In Los Angeles County, many police agencies have a rule to arrest if they have enough evidence. This means they might arrest someone even if the victim doesn’t want to press charges.

Evidence Collection at the Scene

Gathering evidence is key in the arrest process. Officers carefully document the scene to build a strong case for prosecutors.

They take photos of any injuries, even small ones. These photos are important because injuries can get worse over time.

Officers also document the scene, weapons, torn clothes, witness statements, and 911 calls. They look for any evidence that shows what happened.

They might also collect digital evidence like texts or social media posts. This can show a pattern of abuse or add context to the incident.

Determination of Primary Aggressor

Finding the primary aggressor in a domestic violence case is hard. Both parties might have injuries or claim to be victims. Officers use specific criteria to decide, not just arrest both.

They look at the injuries, past violence, and who started the fight. They also consider size and strength differences and who might be at risk of more harm.

Officers get special training to tell defensive wounds from offensive ones. This helps them make the right call in tough cases.

Dual Arrests: When Both Parties Are Taken Into Custody

Even with training, sometimes both parties are arrested. This happens when it’s hard to tell who was the main aggressor. Or if both people hurt each other.

Dual arrests make things harder for everyone. They can mess up legal cases, child custody, and getting protective orders. They also make it tough for prosecutors to build a case.

But, dual arrests are happening less often. This is because police are getting better at figuring out who was the main aggressor.

Stage of Arrest Process	Police Actions	Your Rights	Important Considerations
Initial Response	Separate parties, secure scene, preliminary interviews	Right to remain silent, right to medical attention	Be calm, follow officer instructions
Evidence Collection	Photograph injuries, document scene, collect physical evidence	Right to refuse consent to search (with exceptions)	Evidence may be collected days later as injuries develop
Aggressor Determination	Evaluate injuries, history, statements, self-defense claims	Right to explain your side without self-incrimination	Size/strength differences and history are key factors
Arrest Decision	Make arrest based on probable cause, issue EPO if needed	Right to know charges, right to attorney	Arrest may occur despite victim’s wishes not to press charges
Transport to Station	Transport suspect, continue investigation	Miranda rights apply during custodial interrogation	Statements made during transport can be used in court

Knowing how domestic violence arrests work in Los Angeles can help people deal with it better. If you’re in a domestic violence situation, talking to a good lawyer is key. They know the rules and can spot when they weren’t followed.

What Happens During a Domestic Violence Arrest in Los Angeles

A domestic violence arrest in Los Angeles starts a series of steps. These steps begin when handcuffs are applied and go through booking, bail, and protective orders. It’s important to know this process if you’re facing charges or supporting someone who is.

The steps after arrest aim to keep everyone safe while protecting the accused’s rights.

Booking and Processing Procedures

When police arrest someone for domestic violence in Los Angeles, they take them to the nearest station or jail. The booking process starts right away. Officers record the suspect’s personal info, like name, address, and physical details.

The booking process includes several key steps:

• Fingerprinting and photographing (mugshot)
• Collection of personal property (which is inventoried and stored)
• Health screening and medical assessment
• Criminal history check
• Formal recording of the charges

During booking, the arrestee must give up all personal items, like jewelry and phones. These items stay with the police until the person is released. The whole process can take several hours, depending on how busy the facility is.

If kids were there during the incident, police will send the arrest report to child welfare services. This starts a separate investigation for the kids’ safety.

Bail Considerations for Domestic Violence Cases

Bail for domestic violence cases in Los Angeles is usually higher than for other crimes. This shows how serious these charges are. The bail amounts are set by the Los Angeles County Bail Schedule, based on the crime’s severity.

For misdemeanor domestic violence, bail starts around $20,000. Felony cases have much higher bail, often starting at $50,000. Bail can go up to $100,000 or more, depending on things like:

• Severity of injuries to the alleged victim
• Criminal history of the accused
• Use of weapons during the incident
• Perceived threat to public safety

There are a few ways to post bail in Los Angeles:

Bail Option	How It Works	Advantages	Disadvantages
Cash Bail	Full amount paid directly to court	Refundable after case conclusion (minus fees)	Requires large immediate payment
Bail Bond	Pay 10% fee to bondsman who covers full amount	Lower upfront cost	Non-refundable fee
Property Bond	Use property equity as collateral	Option when cash unavailable	Risk of property loss if terms violated
Own Recognizance (OR)	Release without payment based on judge’s discretion	No financial cost	Rarely granted in domestic violence cases

Even with bail, the court often sets special conditions for domestic violence cases. These conditions usually include no-contact orders with the alleged victim. They may also include restrictions on returning to a shared residence.

Emergency Protective Orders

After a domestic violence arrest in Los Angeles, police can ask for an Emergency Protective Order (EPO). This can happen at any time, day or night. The EPO provides immediate protection for the alleged victim while the legal process goes on.

Emergency Protective Orders typically:

• Take effect immediately upon issuance
• Remain valid for 5-7 business days
• Prohibit all contact with the protected person
• May require the accused to move out of a shared residence
• Can include temporary child custody provisions

Breaking an Emergency Protective Order is a crime. It can lead to more charges. These orders are a temporary measure until a longer-termrestraining order in Los Angelescan be considered in court.

If the accused and the protected person live together, the EPO usually requires the accused to leave right away. They can only take personal essentials. This can be hard, even more so if they have kids together.The consequences of violating an Emergency Protective Order include:

• New criminal charges (typically misdemeanor)
• Potential jail time up to one year
• Fines up to $1,000
• Revocation of bail or OR release
• Negative impact on the underlying domestic violence case

Handling the aftermath of a domestic violence arrest in Los Angeles needs careful attention to legal details. An experienced attorney can guide you through the booking process, help with bail, and explain the impact of protective orders on your life and legal situation.

Your Legal Rights During a Domestic Violence Arrest

When you’re arrested for domestic violence in Los Angeles, knowing your legal rights is key. These rights protect you from the start. They are not just nice gestures but essential legal protections that police must respect.

These rights are your first defense against unfair treatment. They make sure you’re treated fairly and get a chance to tell your side of the story.

Miranda Rights and Their Importance

Police must tell you your Miranda rights before questioning in a domestic violence arrest in Los Angeles. These rights come from the 1966 Supreme Court case Miranda v. Arizona. They protect you from saying things that could hurt you later.

Your Miranda rights include:

• The right to remain silent
• The warning that anything you say can be used against you in court
• The right to have an attorney present during questioning
• The right to have an attorney appointed if you cannot afford one

If police don’t read your Miranda rights right, it could hurt your case. Any statements you make during questioning may be deemed inadmissible in court if your Miranda rights weren’t properly administered. This could weaken the prosecution’s case against you.

Right to Remain Silent

Your right to remain silent is one of the strongest protections during an arrest. This right stops you from saying things that could hurt you. It applies from the moment you’re arrested to all interactions with police.

Many people harm their cases by talking too much to police. They think they can explain things and clear up misunderstandings. But, even innocent words can be twisted or taken out of context. Police are trained to gather evidence that supports the prosecution, not your defense.

To use this right effectively:

• Clearly state: “I am exercising my right to remain silent”
• Do not engage in “casual” conversations with officers
• Avoid explaining your side of the story without an attorney present
• Don’t answer questions even if they seem harmless or unrelated

Remember that silence cannot be used against you in court, but your words can. Many domestic violence cases in Los Angeles rely on statements made by the accused after an arrest.

Right to Legal Representation

Getting a lawyer should be your first step after a domestic violence arrest in Los Angeles. California law lets you talk to a lawyer before answering questions and have them present during all interrogations.

To ask for a lawyer, say: “I want to speak with an attorney.” Once you’ve asked, police must stop questioning until your lawyer is there. Trying to keep questioning after you’ve asked for a lawyer is a rights violation.

A good Los Angeles domestic violence defense attorney offers many benefits:

• Prevents you from making self-incriminating statements
• Ensures police follow proper procedures
• Begins building your defense strategy immediately
• Advises you on how to respond to specific questions
• Works to secure your release on bail when possible

If you can’t afford a lawyer, the court will give you a public defender. Public defenders handle a lot of cases but are trained to protect your rights under California’s domestic violence laws.

Right to Fair Treatment

Even when arrested for domestic violence, you have the right to be treated with respect by police. This includes protection against:

• Excessive force during arrest
• Illegal searches of your person, home, or vehicle
• Coerced confessions through threats or intimidation
• Denial of basic needs like food, water, or medical attention
• Discriminatory treatment based on race, gender, or other factors

Police interrogations after a domestic violence arrest can be tough. Officers use different tactics to get information, including:

Common Police Tactic	What They Might Say	Your Legal Response	Potential Consequences
False promises of leniency	“If you just tell us what happened, we can help you get a lighter sentence”	“I am exercising my right to remain silent and want an attorney”	Admissions cannot be withdrawn and will be used against you
Claiming evidence exists	“We have witnesses who saw you strike your partner”	“I am exercising my right to remain silent and want an attorney”	You might confess to something they can’t actually prove
Good cop/bad cop routine	“My partner wants to charge you with felony assault, but I think we can work something out”	“I am exercising my right to remain silent and want an attorney”	Creates false sense of trust leading to damaging statements
Extended questioning	“We can keep this up all night until you tell us the truth”	“I am exercising my right to remain silent and want an attorney”	Exhaustion may lead to inconsistent statements used against you

If you believe your rights have been violated during a domestic violence arrest in Los Angeles, write down everything you remember right away. Note the names and badge numbers of officers, the time and place of the incident, and what happened.

Violations of your rights can really affect your case. If evidence was gathered improperly, it might not be allowed in court. A skilled domestic violence defense attorney will challenge any evidence obtained through rights violations.

Remember, being arrested doesn’t mean you’re guilty. California’s domestic violence laws are complex, but with the right lawyer and understanding your rights, you can fight for the best outcome.

Rubin Law, P.C. is dedicated to protecting your rights during the legal process. Our attorneys know the details of domestic violence cases in Los Angeles. They work hard to ensure every client gets fair treatment, no matter the charges.

The Prosecution Process for Domestic Violence Cases in Los Angeles

The Los Angeles criminal justice system has a special way of handling domestic violence cases. After an arrest, suspects go through a legal process with many steps. Knowing this process is key, as a good lawyer can make a big difference early on.

Role of the Los Angeles District Attorney’s Office

The Los Angeles District Attorney’s Office is very important in domestic violence cases. They have special units for these cases, with prosecutors who know a lot about domestic abuse. These units work closely with police to build strong cases.

After an arrest, police send their reports and evidence to the District Attorney’s Office. The prosecutor looks at all the evidence to decide if charges should be filed. They consider things like police reports, photos of injuries, and statements from witnesses.

The District Attorney’s Office has a “no-drop” policyfor domestic violence cases. This means they can keep pursuing charges even if the victim doesn’t want to cooperate. This policy helps because victims often don’t want to press charges due to fear or other reasons.

Charging Decisions: Misdemeanor vs. Felony

Prosecutors have to decide if charges should be misdemeanors or felonies. This decision affects the penalties and the defendant’s future.

• Severity of injuries sustained by the victim
• Whether weapons were used or threatened
• Presence of children during the incident
• Defendant’s prior criminal history, specially domestic violence convictions
• Violation of existing protective orders

In Los Angeles, domestic violence cases usually fall under two Penal Code sections. Penal Code 273.5 can be a misdemeanor or felony. Penal Code 243(e)(1) is usually a misdemeanor.

Charge Type	Potential Jail Time	Maximum Fines	Probation Period	Additional Requirements
Misdemeanor (PC 243(e)(1))	Up to 1 year in county jail	Up to $2,000	3 years	52-week batterer’s program
Felony (PC 273.5)	2-4 years in state prison	Up to $6,000	5 years	52-week program, possible strike
Misdemeanor (PC 273.5)	Up to 1 year in county jail	Up to $6,000	3 years	52-week batterer’s program
Felony with Great Bodily Injury	3-7 years in state prison	Up to $10,000	5 years	Additional enhancements, strike

Factors That Influence Prosecution

Several factors affect how the Los Angeles District Attorney’s Office goes after spousal battery charges:Strength of Evidence:Cases with clear evidence, witnesses, or a history of abuse are aggressively pursued.Victim Cooperation:Even with the “no-drop” policy, cases are stronger with victim cooperation. Prosecutors may offer support to encourage cooperation.Defendant’s Criminal History:Prior convictions or violent behavior greatly influence charging decisions and plea negotiations.Severity of Conduct:Cases with serious injuries, weapons, or bad behavior get more attention from prosecutors.Children Present:Incidents with children get extra scrutiny and might face harsher charges.

Firms like Rubin Law, P.C. know these factors well and can plan a defense. Getting a lawyer early can sometimes lead to reduced charges or even dismissal.

Timeline of Court Proceedings

The court process for domestic violence cases in Los Angeles follows a predictable timeline, though each case can be different:Arraignment (2-5 days after arrest):The defendant appears in court, is formally charged, and enters an initial plea. The court also addresses bail and protective orders at this stage.Pretrial Conferences (30-90 days):These hearings allow the defense and prosecution to discuss possible resolutions, review evidence, and file motions. Multiple pretrial conferences may occur.Preliminary Hearing (for felonies only):The prosecution must show enough evidence to justify proceeding to trial. This hearing usually happens within 10 court days of arraignment if the defendant is in custody, or within 60 days if out on bail.Trial Setting Conference:The court sets dates for trial and final pretrial matters.Trial (misdemeanor: 30-45 days after arraignment; felony: 60 days after arraignment):The case goes to trial unless resolved through plea negotiations.Sentencing:If convicted, sentencing may occur immediately or be scheduled for a later date, depending on case complexity.

Throughout this process, a skilled lawyer can find weaknesses in the prosecution’s case, negotiate with the District Attorney’s Office, and develop strategies to achieve the best outcome. The timeline can extend significantly if continuances are granted or if complex legal issues arise.

Most domestic violence cases in Los Angeles are resolved through plea negotiations. But having an attorney ready to take your case to trial often leads to better plea offers from prosecutors.

Understanding this prosecution process is vital for anyone facing domestic abuse charges in Los Angeles. The decisions made early on can have lasting impacts on your freedom, family relationships, and future opportunities.

Potential Consequences of Domestic Violence Convictions

Being convicted of domestic violence can change your life in big ways. In California, these convictions lead to penalties that affect your personal and work life. It’s important to know what these consequences are, if you’re facing charges in Los Angeles County.

Criminal Penalties: Jail Time and Fines

The penalties for domestic violence convictions vary. They depend on if it’s a misdemeanor or felony. Things like the injuries, your past crimes, and the details of the case matter.

For misdemeanor spousal battery charges in Los Angeles, you might face:

• Up to one year in county jail
• Fines up to $2,000
• Three years of probation
• 52-week domestic violence counseling program

Felony convictions are much harsher:

• Two to four years in state prison
• More time for serious injuries
• Harsher sentences for those with past crimes
• Fines up to $6,000
• Strict probation with many rules

Probation Requirements

Probation for domestic violence in Los Angeles has special rules. These rules help keep an eye on offenders and prevent future problems.

Some common rules include:

• Regular meetings with a probation officer
• Following protective orders
• No guns
• Drug and alcohol tests
• Travel limits
• Pay restitution to the victim

Breaking any of these rules can lead to jail or prison. It’s key to follow all rules closely.

Mandatory Anger Management Programs in Los Angeles

California law requires anger management classes for domestic violence convictions. These anger management programs in Los Angeles are closely watched by the court.

These programs have important parts:

• 52-week program with weekly meetings
• Costs of $25 to $50 per session (total $1,300-$2,600)
• Focus on accountability and healthy relationships
• Reports to the court
• No missing sessions without a good reason

Not finishing the program can lead to jail. The court sees these programs as key to helping offenders.

Long-term Consequences: Employment and Housing

A domestic violence conviction affects more than just your legal case. It can impact your job and where you live for a long time. Knowing these effects is important.

Getting a job is harder with a conviction. Many employers check backgrounds and might not hire someone with a violent crime. Certain jobs, like in healthcare or law, might not be available.

Finding a place to live is also tough. Landlords often check backgrounds. A conviction can make it hard to get a rental, even in good areas.

Consequence Area	Misdemeanor Impact	Felony Impact	Duration
Employment	Moderate difficulty finding jobs	Severe limitations on career options	Permanent without expungement
Housing	Potential rental application rejections	Frequent denial of housing opportunities	7-10 years on background checks
Gun Rights	10-year prohibition	Lifetime prohibition	As specified by prohibition
Immigration	Possible deportation	Likely deportation	Permanent immigration consequences
Child Custody	Significant disadvantage	Severe disadvantage	Until children reach adulthood

Other long-term effects include:

• Loss of gun rights (10 years for misdemeanors, lifetime for felonies)
• Potential deportation for non-citizens
• Big challenges in child custody cases
• Stigma and damaged relationships
• Harder to get insurance

Rubin Law, P.C. works hard to lessen these effects for clients. They know the big impact of domestic violence charges. They aim to protect clients’ futures and interests.

In some cases, you might be able to get your conviction removed later. But, the best plan is to fight hard from the start. Get a lawyer who knows domestic violence laws in California well.

How a Los Angeles Domestic Violence Defense Attorney Can Help

After a domestic violence arrest in Los Angeles, getting the right lawyer is key. A Los Angeles domestic violence lawyer knows the local courts and prosecutors well. This knowledge can help avoid harsh penalties.

Immediate Actions After an Arrest

The first 24-48 hours after an arrest are critical to your defense. Unlike many, experienced lawyers act fast. This can change your case’s direction.

A Los Angeles domestic violence defense attorney can help a lot early on. They can:

• Speak with law enforcement to understand the allegations
• Talk to prosecutors before charges are filed
• Work for reasonable bail conditions
• Stop you from saying things that could hurt your case
• Find important evidence quickly

At Rubin Law, P.C., they don’t wait for court dates. Their early action has helped many avoid harsh penalties.

Case Investigation and Evidence Gathering

A good defense starts with a thorough investigation. Your lawyer will look into the case deeply. They might find things the police missed.

They will:

• Find witnesses the police didn’t talk to
• Look at physical evidence and crime scene photos
• Check medical reports for mistakes
• Watch police body camera footage
• Get expert opinions to challenge the prosecution

This work can show different sides of the story. It can also point out police mistakes. This can weaken the prosecution’s case.

Negotiation with Prosecutors

Negotiation is a key part of a defense lawyer’s job. They know how to use weaknesses in the case. This can lead to better outcomes without going to trial.

Your lawyer might:

• Get charges reduced from felony to misdemeanor
• Get you into diversion programs instead of court
• Get charges dropped if there’s not enough evidence
• Find alternative sentences that are less harsh

Negotiation needs both legal knowledge and people skills. A lawyer who knows the local courts can get better results.

Representation at Court Hearings

Court hearings in domestic violence cases are important. Your lawyer will be there for you at every step. They make sure your rights are protected and your voice is heard.

They will:

Hearing Type	Attorney’s Role	Potential Outcomes	Client Benefit
Arraignment	Enter plea, contest protective orders	Favorable bail terms, limited restrictions	Maintain freedom, continue working
Bail Hearing	Present factors supporting release	Reduced bail amount or OR release	Avoid financial hardship, prepare defense
Preliminary Hearing	Challenge evidence, cross-examine witnesses	Case dismissal or reduced charges	Avoid felony prosecution
Motion Hearings	File motions to suppress evidence	Exclusion of improperly obtained evidence	Weaken prosecution’s case
Trial	Present defense, challenge prosecution case	Acquittal or conviction on lesser charges	Avoid worst-case penalties

Your lawyer is your advocate and guide in court. They explain legal terms and help you make choices about your case.

The value of specialized knowledge in domestic violence defense is huge. Lawyers who focus on these cases know the unique aspects of domestic violence cases.

If you or a loved one is facing domestic violence charges in Los Angeles, call Rubin Law, P.C. at 213-723-2237. They offer dedicated representation to protect your rights and get the best outcome for your case.

Impact of Domestic Violence Arrests on Family Matters

Domestic violence arrests in Los Angeles County change family legal matters for years. When police respond to a domestic violence call, it affects more than just the criminal case. It also impacts custody, divorce, and protective orders.

Child Custody and Visitation Issues

Domestic violence makes child custody complicated. Los Angeles family courts focus on the safety and well-being of children first. A domestic violence arrest can change custody decisions, even before a conviction.

If kids were there during the alleged incident, DPSS gets the arrest report. They start their own investigation. This can lead to changes in custody or supervised visits.

Courts look at several things when deciding custody:

• The nature and severity of the alleged violence
• Whether children witnessed the incident
• Any history of abuse or prior protective orders
• The accused parent’s compliance with court-ordered programs
• Each parent’s ability to provide a safe environment

Even if there’s no conviction, allegations can affect custody. Parents facing charges might face temporary custody restrictions. These can become permanent if not addressed.

Divorce Proceedings in Los Angeles County

Domestic violence arrests often start or complicate divorce in Los Angeles County. It changes the legal and practical aspects for all involved.

California’s family courts take domestic violence seriously when deciding:

• Property division and financial settlements
• Spousal support amounts and duration
• Legal fees (the court may order an alleged abuser to pay the other party’s attorney fees)
• Move-out orders from shared residences

Under California Family Code Section 3044, a finding of domestic violence creates a presumption against awarding custody to the offending parent. This presumption can be overcome, but it requires substantial evidence that custody with that parent would serve the child’s best interests despite the history of violence.

Protective orders issued in criminal court often complicate divorce proceedings by restricting communication between parties who need to negotiate settlement terms. This situation typically requires specialized legal representation that understands both criminal and family law.

Civil Restraining Orders

Civil restraining orders are a key protection mechanism separate from the criminal justice system. In Los Angeles, these orders come in several forms with varying durations and provisions:

• Emergency Protective Orders (EPOs): Issued by police at the scene, lasting 5-7 days
• Temporary Restraining Orders (TROs): Issued by civil courts, lasting about 3 weeks until a hearing
• Permanent Restraining Orders: Can last up to 5 years and are renewable

Unlike criminal protective orders, which are initiated by prosecutors, civil restraining orders in Los Angeles County are requested by the alleged victim through the family court system. These orders can prohibit contact, require the restrained person to move out of a shared home, establish temporary custody arrangements, and order payment of certain bills or support.

The standard of proof for obtaining a civil restraining order is lower than for criminal conviction—”preponderance of evidence” instead of “beyond reasonable doubt.” This means restraining orders los angeles can be issued even when criminal charges are dropped or never filed.

Violating a restraining order constitutes a separate criminal offense that can result in new charges, regardless of the status of the original domestic violence case. This creates a complex legal situation requiring careful navigation.

Resources for Families Affected by Domestic Violence

Los Angeles County offers extensive support services for families impacted by domestic violence. These resources address both immediate safety concerns and long-term recovery needs:

• The Los Angeles Superior Court’s Victim Services Program provides safety planning, counseling referrals, and guidance through legal proceedings
• The California Victim Compensation Program can help cover medical expenses resulting from domestic violence incidents
• Emergency shelters throughout Los Angeles County offer temporary housing for those fleeing abuse
• Legal aid organizations provide free or low-cost representation for restraining orders and custody matters
• Support groups and counseling services address the emotional trauma experienced by all family members

Alleged victims have specific rights within the criminal justice process. They can receive notification of all court hearings, attend proceedings, and provide input during sentencing. Many don’t realize they can also request financial compensation for medical expenses related to the incident.

For those accused of domestic violence, specialized legal representation is key. Firms like Rubin Law, P.C. offer legal support that addresses both criminal charges and family court matters. They help clients understand how decisions in one court system affect outcomes in the other.

The complex intersection of criminal and family law in domestic violence cases highlights why specialized legal guidance matters. Actions taken immediately after an arrest can significantly impact both criminal defense strategies and family court outcomes. Early intervention by knowledgeable counsel is essential for protecting rights across both systems.

Conclusion: Seeking Professional Legal Guidance

When you face domestic violence charges in Los Angeles, you must act fast. The choices you make after being arrested can greatly affect your case and future. California’s laws focus a lot on protecting victims, which can make it hard for the accused to get a fair trial.

A skilled los angeles domestic violence lawyer is key to understanding the legal process. With so much at stake, you really need a lawyer. They can look into your case, question evidence, talk to prosecutors, and defend your rights in court.

For those being abused, there are emergency shelters in los angeles. These places offer a safe place to stay, counseling, and support. Victim support services in los angeles also help with long-term healing, like legal help, therapy, and safety plans.

Both those accused and victims need professional help in court. Domestic violence cases are complex, from arrest to possible penalties. Only experts can guide you through this.

Rubin Law, P.C. is here to help with domestic violence cases. They are at 3731 Wilshire Blvd Suite 514B Los Angeles, CA 90010. Call 213-723-2237 or visit https://rubinlawpc.com/ to talk about your case and see your options.

FAQ

What constitutes domestic violence under California law?

In California, domestic violence means abuse against someone you’re close to. This includes spouses, former spouses, and people you live with. It also covers dating partners, co-parents, and family members.

Abuse can be physical, emotional, or financial. Common acts include hitting, shoving, or restraining someone. Threats, harassment, and destroying property can also be considered abuse if aimed at a partner.

What happens when police respond to a domestic violence call in Los Angeles?

When police get a call in Los Angeles, they separate the people involved. They then talk to each person separately. They take photos of any injuries and collect evidence.

They look at who was the main aggressor. This includes looking at injuries, past violence, and who might be in danger next. If they think there was violence, they have to arrest someone, even if the victim doesn’t want to press charges.

Why do police sometimes arrest both parties in a domestic violence situation?

Police might arrest both sides if they can’t tell who was the aggressor. This happens when both people have injuries and both say they were victims. Without witnesses, it’s hard to figure out what happened.

Even though Los Angeles police try to avoid this, it sometimes happens. Arresting both parties makes things harder for everyone involved.

What is the typical bail amount for domestic violence charges in Los Angeles?

Bail for domestic violence charges in Los Angeles starts at ,000 for misdemeanors. For felonies, it’s ,000 or more. The exact amount depends on the injuries, past crimes, and if children were there.

You can post bail with cash, bonds, or property. A good lawyer might be able to get your bail lowered or get you out without bail.

What is an Emergency Protective Order and how does it affect the accused?

An Emergency Protective Order (EPO) is a temporary order given by a judge after a domestic violence call. It lasts 5-7 days and stops the accused from contacting the victim. It can also require them to move out and affect child custody.

Breaking an EPO is a crime. It’s meant to be temporary until a longer order is decided.

What should I do if I’m arrested for domestic violence in Los Angeles?

If you’re arrested in Los Angeles, stay silent and ask for a lawyer. Don’t talk to police or anyone else about the incident. Call a lawyer as soon as you can.

Be polite during booking but don’t give out information. Don’t contact the alleged victim, as it could break orders. Follow all court orders and attend all hearings.

Can domestic violence charges be dropped if the victim doesn’t want to press charges?

In Los Angeles County, charges can’t be dropped just because the victim doesn’t want to press them. The DA’s office has a “no-drop” policy. They can prosecute even without the victim’s help.

But, if the victim doesn’t cooperate, it might weaken the case. This could lead to lighter charges or better deals through a lawyer.

What’s the difference between a misdemeanor and felony domestic violence charge?

Misdemeanor charges for domestic violence in Los Angeles can lead to up to a year in jail and fines up to ,000. Felony charges can mean 2-4 years in prison and fines up to ,000.

The charge depends on the injuries, use of weapons, past crimes, and if children were there. Felonies have bigger consequences for jobs, housing, and rights.

What are the mandatory programs for those convicted of domestic violence in Los Angeles?

Those convicted in Los Angeles must take a 52-week Batterer’s Intervention Program. It’s weekly and focuses on accountability and healthy relationships. You must pay for it and show up every time.

Not finishing the program can lead to jail time. You might also have to take other classes and check in with probation regularly.

How does a domestic violence arrest affect child custody arrangements?

An arrest can really change child custody in Los Angeles. Courts put kids first and might not give custody to the accused. They might limit visitation or not let the accused see the kids at all.

If kids were there, Child Protective Services might get involved. Even after the case is over, a conviction can make it hard to get custody for five years.

What are the long-term consequences of a domestic violence conviction?

A conviction can really hurt your future. It can make it hard to find a job, get housing, or keep your professional license. It can also affect your immigration status and make it hard to own a gun.

It can also damage your reputation and relationships. And, unlike other crimes, you can’t get a domestic violence conviction erased from your record.

How can a domestic violence defense attorney help with my case?

A domestic violence defense attorney can really help. They can find evidence that helps your case, challenge police mistakes, and talk to prosecutors for better deals. They can also help in family court and know the local courts well.

Getting a lawyer early can even help avoid charges. They can make your case stronger and get you a better outcome.

What is the difference between criminal protective orders and civil restraining orders?

Criminal protective orders come from a domestic violence case in criminal court. Civil restraining orders come from family court at the victim’s request. Criminal orders last until the case is over, while civil ones can last up to five years.

Both types stop contact and can affect custody. Breaking either is a crime, even if the victim wants you to contact them.

Are there resources available for those falsely accused of domestic violence?

Yes, there are resources for those falsely accused in Los Angeles. Specialized lawyers can help investigate and defend your case. Mental health professionals can help with the emotional impact. There are also groups and legal aid for those who can’t afford a lawyer.

Having a good defense strategy is key when facing false accusations.

How does Los Angeles County’s approach to domestic violence differ from the past?

Los Angeles County used to not take domestic violence seriously. Now, they have special units in police and the DA’s office. They arrest more often and have stricter rules.

While this helps victims, it also makes it harder for those who are wrongly accused. The system now assumes guilt more easily.

What victim support services are available in Los Angeles for domestic violence cases?

Los Angeles has many services for victims of domestic violence. There are shelters, a 24/7 hotline, legal help, counseling, and financial aid. The DA’s office also helps victims in court.

Family Justice Centers offer all these services in one place. These services are available to everyone, no matter their immigration status, and are offered in many languages.

The post Domestic Violence Arrests in Los Angeles: Police Procedure & Your Rights appeared first on Rubin Law, PC.

from Rubin Law, PC https://rubinlawpc.com/domestic-violence-arrests-in-los-angeles-police-procedure-your-rights/?utm_source=rss&utm_medium=rss&utm_campaign=domestic-violence-arrests-in-los-angeles-police-procedure-your-rights
via Rubin Law, P.C.