Words cannot express how grateful I am to you...
- Wendy C. 
Los Angeles Domestic Violence Defense Lawyers 
Frequently Asked Questions
- What is domestic violence?
- I was arrested for Spousal Abuse but my wife was upset and says that she made a mistake when she called the police. Can she have the domestic violence charges against me dropped?
- Can I be prosecuted for Domestic Violence or Spousal Abuse if the victim does not press charges?
- What are some of the routine penalties for the conviction of a Domestic Violence Law or Spouse Abuse?
- What type of counseling could I be required to attend?
- What are the factors in determining any court penalties?
- Does the victim have to have a visible physical injury for the defendant to be convicted of Domestic Violence or Spousal Abuse?
- What are some of the defenses for Domestic Violence or Spousal Abuse?
- If convicted, what alternatives are there to jail?
Frequently Asked Questions
Los Angeles domestic violence law, also referred to as Spousal Abuse law, Wife Abuse, Husband Abuse, Child Abuse or Elder Abuse is when a person willfully inflicts bodily injury, resulting in a traumatic condition, upon another person with whom they are cohabitating. Under California Law, domestic violence is a crime regardless of gender. When responding to a domestic violence call, police officers are required to write a police report when a domestic violence incident occurs. With probable cause, police officers can make an arrest and submit their report for felony or misdemeanor prosecution.
I was arrested for Spousal Abuse but my wife was upset and says that she made a mistake when she called the police. Can she have the domestic violence charges against me dropped?
No, only the District Attorney can drop the domestic violence charges against you and this is unlikely to occur. The prosecutor, not the victim, makes the charging decision. A victim of domestic violence or spousal abuse often attempts to recant the statement they made to police in order to have the wife abuse, husband abuse, or partner abuse charges dropped against an abusive partner. In the past, this has led to a cycle of continuous abuse. The District Attorney's Office prefers to file charges and let the courts decide issues of domestic violence.
Can I be prosecuted for Domestic Violence or Spousal Abuse if the victim does not press charges?
YES, Domestic Violence or Spouse Abuse crimes are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to "press charges", the case will NOT be dismissed.
What are some of the routine penalties for the conviction of a Domestic Violence Law or Spouse Abuse?
It depends upon the circumstances of each case. However, first-time offenders are usually placed on probation, required to serve a few days of custody or public work service and complete a batterer's program. As these types of crimes are aggressively prosecuted, jail time is routinely sought even in first offense, non-serious injury cases. Our main goal is to get the charges dropped or reduced to a lesser offense and keep you out of jail! Some others penalties can include probation, significant fines, domestic violence counseling, and anger management classes.
What type of counseling could I be required to attend?
Counseling helps batters learn to examine their lives and understand the reasons for their violent behavior. They learn how to walk away from a potentially explosive situation and resolve problems without using violence. They learn that they cannot control their relationships through violence. Attendance will be monitored by the court. There are numerous locations throughout the county offering different dates and times to make attendance easy. Batterers may pay for counseling on an installment plan. If alcohol or drugs are involved the courts will often order the defendant to attend Alcoholics (AA) / Narcotics Anonymous (NA) meetings. There are no dues or fees associated with AA or NA meetings. Meeting locations and more information can be found at:
What are the factors in determining any court penalties?
The penalties depend on the conditions of your case; however what will be considered in the case are any prior convictions, whether you are on probation or parole, the viewpoint of the local community and courts towards this type of crime, and any mitigating and aggravating circumstances.
Does the victim have to have a visible physical injury for the defendant to be convicted of Domestic Violence or Spousal Abuse?
No. A criminal battery is defined as the unlawful application of force to the person of another. A hit, punch, or kick is not required, just an offensive touching of another is considered a battery. Verbal spouse abuse or spousal mental abuse if coupled with threats, often called terrorist threats, can also result in an arrest.
What are some of the defenses for Domestic Violence or Spousal Abuse?
Depending on the specific facts and circumstances of your case, some defenses potentially include self-defense, insufficient evidence, and factual innocence may apply.
If convicted, what alternatives are there to jail?
Some alternatives can include house arrest, electronic monitoring, probation, community service, anger management classes, etc.
If you have been arrested for a Domestic Violence offense in Los Angeles then please call us immediately for a FREE CONSULTATION at (888) 579-4844
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Domestic Violence Resource Center
- Los Angeles Domestic Violence FAQs
- Alcohol and Domestic Abuse Defense Lawyers in Los Angeles
- Los Angeles Child Abuse Defense Attorneys
- Los Angeles Domestic Violence Consequences and Penalties
- Los Angeles Elder Abuse Defense Lawyers
- Domestic Physical Abuse Defense Lawyers in Los Angeles
- Spousal Abuse Defense Attorneys in Los Angeles
- Domestic Stalking Defense Attorneys in Los Angeles
- Los Angeles Domestic Violence Resources
