Mandatory Penalties For Domestic Violence In Los Angeles
What a lot of people don't realize is, is that the legislature relating to domestic violence or spousal abuse cases in Los Angeles has come up with several different punishments that are mandatory.
Suppose a judge or prosecutor is unwavering in their enforcement of these mandatory punishments. In that case, they will insist on them if your client pleads to any battery or related domestic violence matter.
They're going to have to do the 52-week domestic violence program. That's one of the main things judges and prosecutors want in these domestic violence cases. Also, you're going to have to be placed on three years of probation so they can watch you and make sure you don't abuse your spouse or anybody else over the next three years while you're on probation. If you do, you will be looking at some severe punishments.
Also, there will be a 10-year weapon ban on all battery-related offenses in the domestic violence setting. A lot of people want their guns, and they're essential to them.
So, if they get one of these domestic violence convictions, they are going to lose their gun rights for ten years, and there's no way around that.
I've even had cases where someone is arrested and booked for a domestic violence charge under Penal Code Section 273.5, and what ends up happening is I'm able to get the charge reduced down to a simple battery or even some disturbing peace charge. There is still going to be a 10-year weapon ban.
They don't want people having weapons who commit domestic violence-related offenses. So, that's another consequence if you are convicted of a domestic violence-related offense.
The only caveat to that is if police officers commit domestic violence cases and they later want to get their weapon, there are certain circumstances where a law enforcement officer — even though they were convicted of some domestic violence case — could petition the court to restore their firearm rights.
So, the firearm aspect is a specialty area of law that needs to be looked at carefully if weapon rights are essential to you.
Jail Time in for Domestic Violence
Other punishments related to domestic violence offenses in Los Angeles relate to jail time if the injuries are bad enough or if it's a second or more offense. When it comes to domestic violence, you're looking at up to a year in the county jail.
In my experience, sheriffs in Los Angeles County often keep people in custody for a significant period. While some people might get out 10% or 25% of their sentence on domestic violence-related offenses, for some political reason, the sheriffs have decided to hold those people longer than the rest of the crimes in Los Angeles.
So, as far as any other punishments related to domestic violence cases, there can be a whole host, and they are case-dependent, which means what happened in the case?
What is necessary to deter this particular defendant or punish them for what they did? Sometimes, the judge can dole out community service, Caltrans, or community labor—there's a host of different punishments.
I've seen a lot of anger management programs being made mandatory in a particular case. Another big thing that is going to be required in a domestic violence case, and which is a big problem, is a protective order.
Domestic Violence Protective Order
Once a case is arraigned for the first time in court, the judge automatically places a complete protective order. This is important because sometimes a spouse living at home is banned from seeing their children and going to their house. After all, it's a complete protective order.
So, there are ways to deal with that. You have the alleged victim come into court, tell the court and the prosecutor they don't want a full protective order, and then the judge can issue what's called a Level One protective order. In this order, the judge allows the alleged victim to have peaceful contact with them but also allows them to go home, work, and do all the normal things they do in their family life.
Discussing the protective order with your domestic violence attorney is crucial. They can help you navigate this issue and address questions such as your ability to see your significant other, family, or even continue working.
What if the two parties involved in the domestic violence work together? Am I going to be blocked from working? There are a lot of different factors to consider. That's why we get you in, and we talk. We get our game plan together. We execute the game plan to get you out of the criminal justice system as fast as possible.
