For those people who have been arrested for domestic violence spousal abuse during the holiday season, they want to get an attorney right away to start working on it because of the volatility that sometimes involves the holidays.
People drinking too much, getting in fights, and the police are going to be called out in probably record numbers, and what's going to end up happening when they show up at a residence?
If somebody's been injured, and there's any report of domestic violence, they're going to arrest the person as they see him as the aggressor in the case. Sometimes, they must get their superiors to evaluate the situation in making that aggressive determination.
One of the most common charges is domestic battery, defined under California Penal Code 243(e)(1) PC, which says, “When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding $2,000, or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.
If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participates in, for no less than one year, and completes, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.”
What is a Violation of a Restraining Order?
Another common domestic violence-related charge is the violation of a restraining order. California Penal Code 273.6 PC says, “(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or an order issued under Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code
, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.”
(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment.
However, suppose the person is imprisoned in a county jail for at least 48 hours. In that case, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision.
In determining whether to reduce or eliminate the minimum imprisonment under this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has completed or is making progress with counseling.”
How Can You Fight a Domestic Violence Charge?
So, if you or a loved one has been swooped up during the holidays for a domestic violence charge, I suggest you pick up the phone now and call me, Ron Hedding. I've been doing this for over 30 years. I've handled thousands of these cases. I can de-escalate the situation and put you in the best possible position.
What I do is I take from my experience working for the district attorney's office, working for a superior court judge, and then, since the early 1990s, defending people just like you who have been arrested.
Sometimes, I've got family members or significant others of the person who's been arrested, and they obviously want to help them and put them back in the position where they get out of custody. We can help arrange bail for the person and help set the stage to take care of the case in the best possible manner.
So, if you or a loved one has been arrested during the holidays, don't make the foolish mistake of doing nothing, burying your head in the sand and hoping for the best.
What is a Stay-Away Order?
You want to get somebody on the case right away because you realize that once the person who has been arrested goes to court, the judge will order them to stay 100 yards away from the alleged victim automatically.
You want someone there who can fight against that and say look, this person lives there; maybe they will have children together. There could be many reasons why they don't want to be separated from the other person.
If you want to have any chance and try to fight against that, or at least set things up so you can get back together soon, you want to get right on the situation. Get an attorney working on it and start defending you.
You realize the police and prosecutors are not your friends when it comes to these crimes, and the reason why is because they are very politically charged. A lot of times, people are facing jail time and the loss of their job, the loss of the ability to own, use, or possess a weapon, and a host of other problems, so you want to get on it right away.
I stand ready to help you. If you or a loved one is arrested during the holidays for domestic violence, pick up the phone now and ask for a meeting with Ron Hedding. The Hedding Law Firm has offices in Los Angeles, CA.