Many people who have been arrested and charged with a California domestic violence-related crime are first-time offenders who have never been arrested for anything.
These defendants have no experience with the Los Angeles County criminal justice system, are unfamiliar with how the court process works, and have no idea what to expect next.
The criminal court process after you were arrested for domestic violence is typically stressful, with the real possibility of dividing a once close family unit.
Readers should note that Los Angeles County law enforcement, prosecutors, and the courts consider a domestic violence allegation a severe issue.
If the victim sustained a severe injury, you might be charged with a felony case filed by prosecutors under California penal Code 273.5, known as corporal injury to a spouse. All felony cases typically require your appearance in court.
However, the vast majority of domestic violence cases are filed as misdemeanor cases by the prosecution, and the most common charge is California Penal Code 243(e)(1) – domestic battery.
In most misdemeanor cases in California, the defendant can retain a lawyer to make the court appearances. However, in domestic violence cases, the defendant's presence is required for the first court appearance. The reasons for this exception are explained below.
A routine domestic violence case begins with a 911 call for the police to respond to the scene. Most domestic incidents start with verbal arguments between spouses, dating couples, or people living together.
Once police arrive, they will attempt to determine what happened and remove any risk of further conflict. They must also determine whether a crime is committed by assessing the victim's statements, looking for visible marks, or a claimed injury.
If probable cause exists to believe domestic violence occurred, then will arrest the aggressor or both people. At this point, the criminal court process will begin.
Our Los Angeles criminal defense attorneys will provide a further review below.
Common California Domestic Violence Charges in Los Angeles
- Penal Code 243(e)(1) – Domestic Battery;
- Penal Code 273.5 – Corporal Injury to a Spouse;
- Penal Code 273.6 – Violating a Restraining or Protective Order;
- Penal Code 422 – Criminal Threats;
- Penal Code 273a – Child Endangerment;
- Penal Code 273d – Child Abuse;
- Penal Code 368 – Elder Abuse;
- Penal Code 136.1 – Dissuading a Witness;
- Penal Code 646.9 PC – Stalking;
Why Does the Defendant Have to Show up to the First Court Appearance?
Typically, in Los Angeles County, the defendant or the person arrested does not have to show up for the first court appearance, and the lawyer can show up for them.
This means your defense attorney can speak to the court, speak to the prosecutor, continue the case, and then give the client an opportunity to review everything. There can be a discussion about how the case is going to be resolved.
But, when it comes to domestic violence cases, the short answer is that when you show up for the first court appearance, the judge is going to order that you stay away from the alleged victim while the case is pending.
The judge has that right. They can do that if it's a domestic violence case. If the person didn't show up for the first court appearance, then the judge would have nobody to order, and their order would not be effective.
Ordering the attorney to tell their client to stay away from the alleged victim is not an effective way to deal with a protective order, and that's precisely what the person is being ordered to do — not to violate the protective order.
Protective Order
The domestic violence protective order is going to address several different issues, including:
- staying 100 yards away from the person;
- not making any phone calls;
- not directing any relatives to make any phone calls.
It is designed and meant to protect the victim from any further domestic violence, ensuring their safety and well-being.
Many people are angry, saying, aren't I presumed innocent? Why should a judge be able to start making orders against me when they haven't even heard any of the evidence?
When it comes to criminal cases and bail, the judge is required to assume the allegations are valid for ordering the defendant to stay away from the alleged victim. This is a legal principle designed to protect potential victims and is part of the law of the land.
This is something that the legislature and courts have come up with. So, it is the law of the land, ensuring a fair and just legal process for all involved.
Court Appearances by Your Defense Lawyer
So, if you or a loved one has been arrested for a domestic violence case and you have an upcoming court appearance, and even if it's charged as a misdemeanor, you still have to show up for the first court appearance.
Suppose it's charged as a misdemeanor case, and you show up for the first court appearance, and you're ordered to stay away from the alleged victim. In that case, the subsequent court appearances and court appearances that follow, your lawyer, if they choose, can appear for you and have you not come to court.
When it comes to a felony domestic violence case, it's always been a different story, and that is, the person has to show up at every felony appearance, whether it's a domestic violence case or not.
Now, with the COVID-19 pandemic, the courts have changed that, and there's a Penal Code Section 977(b) PC, which allows the attorney to appear for their client even in a felony domestic violence situation.
Typically, you will have the client sign a form that gives the attorney authority.
If you want to do it the right way, it will be done on the record in the court, and the court will ask you specifically if you give your attorney the right to do that.
So, if you or a loved one is charged with a domestic violence case in Los Angeles County and you're looking for the best criminal defense attorney to defend you, pick up the phone and ask for a meeting with Ron Hedding.
I will explain to you all of the ins and outs of a domestic violence case, and we will get a game plan and a strategy together and put my 27 years of handling hundreds of domestic violence cases to work for you.
Hedding Law Firm has two office locations in LA County, and we offer a free case evaluation to review all the details of your case and your legal options.
