For those teachers who face the wrong end of a California domestic violence case, you're concerned about your teaching credentials and all the other things that people who get arrested for domestic violence are concerned about.
For example, going to jail, having a criminal record, and many other things can befall somebody arrested for a domestic violence case.
This is especially true when you're living with your significant other, knowing that when you go to court, the court will likely issue a protective order against you, ordering you to stay 100 yards away from your significant other because of what happened. Suppose you violate a restraining order. In that case, you could be charged with California Penal Code 273.6 PC.
It would be best to find an attorney with experience defending teachers trying to preserve their teaching credentials and all the other things that people are trying to guard against who get arrested for domestic violence in Los Angeles.
Review of Case Details
The first thing I have you do is come in and sit down and talk about everything. We will figure out precisely what happened.
Sometimes it's a situation where you have a defense to the case, and you can fight it and win and be successful, or it's a situation where it's a pretty weak domestic violence case. There's no injury; you don't have a criminal record; you've got a good job.
The police have arrested you for Penal Code 243(e)(1) PC domestic battery because they were called out, and they have a protocol that if they get called out to a scene.
Suppose somebody looks hurt somehow, and they can determine that one of the two parties was the aggressor.
In that case, they're going to arrest the party that they determine to be the aggressor, make them post a $50,000.00 bail to get out, set a future court date, and now the difficulties begin in trying to defend yourself.
So, first, we have to have you come in. We have to see what category you fall in. Do you fall into the category where maybe we can get a non-file (DA reject), where we can convince the prosecutors not to file the case? Perhaps we can arrange a City Attorney hearing, where in the end, they don't file a case.
Is it a situation where you did batter your significant other and were charged with the more serious Penal Code 273.5 PC corporal injury to a spouse? In that case, we must do everything possible to minimize your damage.
What Are the Common Domestic Violence Cases?
In California, the most common charges that are related to domestic violence include the following:
- Penal Code 243(e)(1) PC - Domestic Battery,
- Penal Code 273.5 PC - Corporal Injury to a Spouse,
- Penal Code 422 PC – Criminal Threats,
- Penal Code 273.6 PC - Violating a Restraining Order,
- Penal Code 273a PC - Child Endangerment,
- Penal Code 273d PC - Child Abuse,
- Penal Code 368 PC - Elder Abuse,
- Penal Code 136.1 PC - Witness Intimidation.
Preparing a Defense Strategy
Step 1 is to figure out which category you fall into. Once we determine your category, we will start to put a defense together.
Sometimes a defense can include trying to win the case at a jury trial. Other times, the defense can consist of trying to mitigate the situation, which means:
- getting the lowest possible charge,
- keeping you out of jail, and
- a whole host of other things.
And then, we've got another category where somebody has prior convictions for domestic violence charges.
Another is when a significant injury is involved, and the person faces state prison time and other issues.
So, first, we have to identify where we stand – what type of an issue we're dealing with and then we'll go ahead and put my 30+ years of experience defending teachers who are charged with domestic violence cases.
This means figuring out how to work with an administrative law attorney trying to protect your license, which is your ability to practice as a teacher, and putting the pieces in place to get you the best possible result.
I've been doing this now for 30 years. I started out working for the district attorney's office. Then a superior court just, and finally, in the early 1990s, I began defending people like you who have teaching credentials and are concerned about losing the ability to teach.
If you need the best, pick up the phone now. Ask for a meeting with Ron Hedding. I stand at the ready to help you. We offer a free case evaluation by phone or using the contact form. The Hedding Law Firm is based in Los Angeles, CA.
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