City Attorney Hearings On Domestic Violence
Domestic violence cases are a frequent occurrence in Los Angeles. Given the city's dense population, they are among the most commonly charged crimes in the State of California and Los Angeles. If you find yourself in such a situation, know that you are not alone.
After the domestic violence case is filed, a lot of times, the significant other who is characterized as the victim doesn't want their loved one prosecuted, and so they're trying to figure out ways that they can help their loved one.
The problem is that the authorities will not look at someone who has remorse or feels terrible that their significant other got in trouble.
They're going to look at the strength of the case against that person and whether or not that person violated the law and committed some domestic violence, spousal abuse, or battery.
Lack of Injuries and Determining Fault
However, if it's a closed case, for example, if there are no injuries and there are arguments on both sides as to whose fault it was, the police just had to arrest somebody and characterize them as the aggressor. I've had a lot of success convincing the prosecutors to hold a City Attorney Hearing in that scenario.
If they do a City Attorney Hearing related to a domestic violence case, it's my experience in Los Angeles that most of the time, they will not end up filing a case. A City Attorney Hearing is when the City Attorney's office has a Hearing Department in each jurisdiction, with Hearing Officers deciding whether to file a particular case.
Suppose they're doing a City Attorney Hearing. In that case, they usually have an eye to resolving the matter, warning the people in a domestic violence situation – maybe even giving the spouse who caused the issue some sort of domestic violence counseling – maybe offering some marriage counseling, for example, if it's a married couple, and trying to figure out what can be done so that these people do not call the police again, do not have any further issues.
So, a City Attorney Hearing in the context of a criminal arrest related to spousal abuse or domestic violence is a good thing.
Can I Have An Attorney In A City Attorney Hearing For Domestic Violence?
You can have an attorney, and in fact, it's encouraged because the attorney is going to help lead you through the process, make it easier for you, and make sure you don't do or say anything that causes the City Attorney Hearing Officer to file your domestic violence case. Typically, what they're doing in a City Attorney Hearing is they're calling you in with your attorney.
They'll ask you questions about what happened and take a statement from you. Then, they'll start talking to you about some solutions so this doesn't happen again. Obviously, you'll want to cooperate in that process and make sure you make it clear to them that you don't want this to happen again.
If you did something wrong, you acknowledge what you did and explain to them why it won't happen again.
Again, it would be best if you did this through the advice of your attorney, and of course, your attorney is right there to say whatever needs to be said and assist you through the process.
Of course, the end role is that no charges are filed against you. You're just given a warning so you can move on with your life, free from the criminal process, the criminal conviction, jail time, domestic violence courses, and all the other things that come along with a sentence of spousal abuse or domestic violence. Your significant other will also be called in to see what they have to say. It's helpful if they say listen, I don't want them prosecuted. I played my part in this. We were both wrong, and this is never going to happen again.
No Formal Charges Filed
With their blessing and assistance under the scenario of a City Attorney Hearing in Los Angeles, there's a strong possibility that no case will be filed, and warnings will be issued. This could lead to a positive direction in life, free from the court and any entanglements related to the criminal justice system.
Having conducted City Attorney Hearings across Los Angeles for twenty-five years, I can assure you that in the context of a criminal arrest, a City Attorney Hearing is a beneficial process. If handled correctly, most of the time, no charges will be filed, and a person can remain free of custody.
Their reputation is not tarnished with a criminal conviction, and they can move on in a positive direction.
