Court Process for Domestic Violence
There is a step-by-step process in a domestic violence case. That's why it's so important that your first step should be getting to a criminal defense attorney as soon as possible. Let that attorney guide you through a very difficult process.
Realize that it is political. The judges, prosecutors, and police are not your friends. They're not trying to help you. They have a job to do and are driven politically by the legislature and their responsibilities to ensure that crime victims are protected.
So, they approach it with the mindset of punishing you and making sure that you're not in a position to harm the particular victim in your case.
We are providing an overview below to give readers useful information about the domestic violence criminal court process in Los Angeles.
Protective Order Prohibiting Contact with Victim
One thing they'll do during that process is try to block you from seeing the other person. They'll try to issue a full protective order, requiring you to stay 100 yards away from that person.
If you live with that person, that person is your spouse; you've got children with that person, that causes a huge problem. So, right from the beginning, if that's one of the issues that you have, you're going to need to get to someone like me, and we're going to have to come up with a game plan to try to prevent the prosecutor and judge from keeping you from seeing your family. That's job number one.
Potential Jail Time for Domestic Violence
Job number two is they're going to try to punish you. They may want jail time in the case. They may want to take you away from your family or your job and show you what it's like when you hurt another person and how they're going to deal with you and jail time.
For them, it is obviously their most effective way to punish somebody because nobody likes being imprisoned. Nobody likes their freedom taken away, and it shows society, the victim, and you what happens to those individuals who cannot control their anger and take it out on their significant other.
So, jail time is another huge consideration we have to look at as we go through the domestic violence process.
So, the first step is to get an attorney, and then we will start dealing with those two very important issues and the other problems that come with a domestic violence case as you make your way through the process.
If the victim suffered a serious injury, you could be facing felony charges under California Penal Code 273.5 – corporal injury to a spouse.
However, most domestic violence cases are filed as misdemeanors under California Penal Code 243(e)(1) – domestic battery, where the prosecutor will have to prove all the elements of the crime listed under CALCRIM 841CALCRIM 841 Jury Instructions to convict you.
Dealing with Bail Release
The next step is figuring out whether or not you're going to released on bail. Some people when they retain me have already been released on bail. Other people will have to go before the judge and the judge will decide whether or not they get released on bail.
A lot of people don't have money for bail. Bail can be significant and cost thousands of dollars a lot of time. So, that's something that I will talk to you or your family about as we try to figure out how to make sure that you stay out of custody so you can take care of your job and other responsibilities. Nobody wants to be in custody, whether it's related to a domestic violence case or not.
Criminal Court Arraignment
The next step will be what's called the criminal arraignment. That's where you will face a judge for the first time. It's usually the arraignment judge. All that judge typically does in a particular courthouse is deal with cases that first come to that court.
Many people enter not-guilty pleas and leave the courts. The judge sets bail and deals with any protective order issues for the alleged victim, and the case is moved out of there.
Your attorney will also deal with the prosecutor in that court and see their position — get the paperwork and evidence related to the case. After the arraignment, there's usually another court date because the prosecutor in the arraignment court is typically just getting the case, so they don't necessarily have all of the details and are not necessarily in a position to discuss potentially resolving the case.
So, what you want to do as you go through the domestic violence process and you go to the arraignment and various court dates is coordinate with your attorney. Let your attorney be the one to guide you through the process.
You will ask the right questions, and your attorney will make the right moves for you. However, I realize some of these cases take some time. Your attorney sometimes has to deal with tough prosecutors. Sometimes, motions are involved, especially at the beginning of the case.
Another issue we'll have is how your significant other feels about you. Do they want to get back together with you? Are they angry with you and never want to see you again? Or is that kind of up in the air? So, this is something we have to figure out as we go through this process.
Negotiation with the Prosecutor for the Best Possible Outcome
At some point during the process, you're going to have to decide with your attorney whether you want your attorney to negotiate with the prosecutors and try to work out a case or whether you want your attorney to set the case for trial as soon as possible so you can fight the allegations against you and clear your name.
This is a crucial factor because this decision will dictate how your attorney deals with your case, with the prosecutor, and with the judge.
When I know that somebody is not going to take a deal on the case and we're going to go to trial, I handle the case differently than if I know there's ultimately a plea bargain. I must cooperate with that prosecutor to bring you the best possible resolution.
So, that's another step along the way, along with the process we will have to deal with. If you are convicted or enter into a plea bargain with the prosecutor, the judge will sentence you at some point, so you'll want to talk to your attorney about that so you know exactly what you're facing.
There's a whole host of issues that have to be grappled with as you make your way through the domestic violence process, all of which should be coordinated with your attorney to get the best result.
