Stay in Home with a Domestic Violence Case
When someone is involved in a domestic violence case in Los Angeles County or other counties in California, the typical court order is for the accused to stay 100 yards away from the alleged victim. This can be a challenging outcome for many.
It's important to remember that you haven't been proven guilty of the charge yet, but the court order still stands.
But even more important, and the subject matter of this post, is that some people live together—whether they're girlfriends and boyfriends or married—whatever the case may be, the people who live together are being separated, and someone is being ordered to leave their homes.
A lot of times, people need help to afford that. They don't want to be away from their significant other. Things are made right between the two parties, and yet the court, sometimes a month or two later, says you have to get out of the house.
So, we try to develop a plan before that first court appearance so we can prevent you from being kicked out of your house.
Part of that plan — which we have to discuss — is convincing the judge that you are no longer a threat to that person. That can be done by you doing domestic violence courses before the actual court date.
It's crucial to understand the victim's perspective. We can arrange for the alleged victim to speak to the Judge and explain that they don't feel threatened by you, they're not afraid of you, and in some cases, they want you to be able to live with them and continue to support them.
Different angles and reasons can be used to keep you in your home. Our Los Angeles criminal defense lawyers will take a closer look below.
What are the Most Common Domestic Violence Charges?
In California, particularly in LA County, the most common domestic violence-related charge is domestic battery, described under Penal Code 243(e)(1).
Domestic battery is often called “spousal battery,” and it's described as the willful and unlawful touching of an intimate partner that is harmful or offensive.
Another common charge is a corporal injury to a spouse described under California Penal Code 273.5 PC. This is the more severe version of 243(e)(1) domestic battery case, and it's defined as willfully inflicting a traumatic condition upon an intimate partner.
Next, are criminal threats covered under California Penal Code 422 PC. This crime is described as willfully threatening to commit a crime that could result in injury or death to a current or former spouse, cohabitant, or someone with whom you had a dating relationship.
Other forms of domestic violence-related crimes include the following:
- Penal Code 368 PC – elder abuse,
- Penal Code 273d PC – child abuse,
- Penal Code 273a PC – child endangerment,
- Penal Code 136.1 PC – witness intimidation,
- Penal Code 646.9 PC – stalking,
- Penal Code 653m PC – annoying phone calls,
- Penal Code 273.6 PC – violating a restraining order,
- Penal Code 594 PC – vandalism.
Victim Injuries in Domestic Violence
Another issue that is important for remaining in your home in domestic violence cases is injury. If the victim has no injury, that puts you in a real strong position to make a reasonable argument to stay in your home while the case is pending in court.
Because most of the time, unless someone's threatening to kill somebody, most of the time I see prosecutors struggle to prosecute cases where there's no injury.
One way to ensure I am the judge is to show them pictures taken by the police at the scene or bodycam evidence showing no injuries.
Another way is to review the 911 and listen to what was said when the police were initially called, which could support your argument to remain at home.
Negotiation with the Prosecutor
Another angle is for your defense attorney — I, Ron Hedding — to talk to the prosecutors before the case is called. Give them information and convince them there should not be a complete protective order.
There certainly could be a protective order where you're ordered not to annoy, molest, stalk, harass, and all the usual stuff they put in a protective order the other party. But, it does not have to include a stay away. Peaceful contact should be okay.
This is a new trend that I'm seeing in Los Angeles County, where judges often prevent people from living together.
It does seem idiotic because what ends up happening is somebody gets arrested, posts bail, goes back home and lives with the other person for a month or two while they wait for their court date.
Sometimes, even longer with the COVID-19 pandemic, the court dates are pushed out further, and then they come in and get kicked out of the house.
This makes no sense. If you're trying to protect the person, then that individual who is charged with domestic violence crime should be kicked out immediately.
But the system is not set up that way. Unless the party tries to get a domestic violence restraining order, then there's going to be no order in place to keep the two parties away from each other.
If you've got a domestic violence case in LA County and you're looking for the best:
- someone who will strategize and fight for you and help you,
- protect your rights,
- your liberty,
- your home,
- your freedom.
If you're facing a domestic violence case in LA County and you're looking for a team that will strategize, fight for you, and protect your rights, liberty, home, and freedom, you've come to the right place. Pick up the phone. Ask for a meeting with Ron Hedding. We're here, ready and committed to help you.
The Hedding Law Firm is based in Los Angeles County. We offer a free case consultation by calling (213) 542-0979 or filling out our contact form.
