Same-Sex Domestic Violence Lawyer In Los Angeles
As far as these cases go, I have handled many of them over the last twenty-five years. As you might guess, same-sex domestic violence cases aren't really treated any differently by Los Angeles prosecutors than any other domestic violence case.
They are going to look at the facts of the case. They're going to look at what happened. What, if any, injuries were there? What, if any, danger is to the alleged victim or anybody in the society moving forward, and then the prosecutors will make an offer to settle the case?
Once an offer is made, obviously, the criminal defense lawyer discusses that offer with their client, and there can be a counter-offer; they can accept that offer, or they can proceed ahead and move the case to a jury trial and let the jury decide whether the person is guilty or innocent of the spousal abuse or domestic violence charges.
Really, what the prosecutors and judges do in domestic violence cases in Los Angeles county, they're going to look at the facts of the case, what happened, and then they're going to try and draft a resolution that protects the alleged victim, protects society, takes into account what happens in the case and attempts to set up parameters so that this will never happen again.
52-Week Domestic Violence Course
For example, they will make the offender do a 52-week domestic violence course, which basically gives them the tools to deal with anger in a partnership situation.
They will punish the person with jail if they feel the person needs to be taught a lesson from a deterrence standpoint and be thrown in prison so they get a taste of what it feels like to have their freedom taken away when they can't control themselves.
They'll put them on probation for three years so that the person can be looked at if they commit any future violent acts by the Probation Court and punished accordingly.
They will put a criminal protective order in place so that the individual can be told by the court specifically what they can and cannot do in relation to the alleged victim in a domestic violence situation. Sometimes the criminal protective order will be a full protective order where that person has to stay at least 100 yards away from the alleged victim for the full three years of the probation.
Protective Order
Other times, it will be a level 1 protective order, allowing the individual to have peaceful contact with the defendant. This happens, obviously, a lot of time when people are living together, either as boyfriend and girlfriend or as married couples.
Obviously, it's not fair for the courts to break up this type of relationship; however, if the violence rises to a high enough level, then the courts will not care whether these parties are together, married, or otherwise.
They will order them to stay away from each other, and a lot of time, in order to be able to get out of the criminal protective order, the person who is the defendant in the case is going to have to do a certain amount of domestic violence classes.
They are going to have to be on probation for a certain period. Then, once they show good faith and that they're taking care of business and that they're not going to engage in this type of conduct any longer, the courts will give them a chance to have a level 1 protective order where they are permitted to see the other party.
This is particularly difficult when there are children involved or the parties work together. It can cause all sorts of financial issues and also issues regarding a person seeing their children.
So, obviously, if you have a situation where it is a domestic violence situation, you're going to want to get an attorney who has done these types of cases before, had success, and knows how to work their way through a sometimes difficult and politically-charged criminal justice system.
Same-Sex Domestic Violence Charges
California law makes no distinction between same-sex domestic violence and domestic violence between heterosexual couples. Same-sex domestic violence is defined as physical abuse between domestic partners or former domestic partners, cohabiting lesbian, gay, bisexual, or transgender couples, persons dating or who were dating, or persons with children in common.
Certain behaviors can result in a criminal charge of domestic violence. For example, physical abuse such as hitting, biting, pushing, kicking, slapping, sexual abuse, intimidation, and even threats and other verbal abuse. Domestic violence cases are prosecuted very aggressively regardless of sexual orientation.
Therefore, if you are being accused of this crime, you must hire an experienced criminal defense attorney.
In California under penal code section 273.5 domestic violence can be charged as a misdemeanor or felony and under penal code section 243(e)1 it can be charged as a misdemeanor. This choice is solely within the prosecutor's discretion who is influenced by the seriousness and severity of the abuse.
If a weapon was used and the injuries were severe, such as broken bones, then the crime will be filed as a felony; if the victim was slightly injured or not at all, the crime will likely be filed as a misdemeanor. This all also depends on your prior criminal record as well.
A misdemeanor conviction can result in up to 1 year in jail, fines, counseling, restraining or criminal protective orders, and community service. A felony conviction can result in up to 4 years in state prison as well as fines, counseling, community service, restraining, and/or criminal protective orders.
The penalties are serious, and our domestic violence attorneys can help. We have dealt with numerous domestic violence cases also involving same-sex relationships. We handle the case delicately yet aggressively, striving to get you, our client, the best possible results.
