Domestic Violence Attorney

Domestic Violence Arrests
Spousal Abuse * Child Endangerment
Physical Abuse * Sexual Abuse
Verbal Abuse * Financial Abuse * Social Abuse

Domestic Violence is physical violence involving actions such as hitting, punching, biting, shoving, kicking and pulling - it is sexual abuse where there is unwanted sexual touching or forced sexual acts - it is verbal abuse of mocking, taunting, swearing and name calling - it is financial abuse where one refuses to pay bills or prevents one from going to work - it is social abuse where one is listening in on phone calls, opening someone else's mail, isolating a family member from other members of the family or friends. Child Endangerment charges are filed when the child has witnessed violence.

Domestic Violence charges usually fall within the definition of abuse - spousal abuse and child endangerment. Any threatening act or violence towards another person within the family household, even if the accused did not mean to harm or compromise the safety or security of another family member, may be grounds for the District Attorney to prosecute under California law.

Misdemeanor v Felony Charges

Domestic Violence charges are filed as a misdemeanor or a felony depending upon the prosecutor who files the charges. The determination is in the hands of the prosecutor and their determination as to the seriousness of the case. Severe injuries including severe cuts, deep bruises (black eyes) and broken bones are nearly always charged as a felony. No physical injury or slight injury cases have a good chance of being filed as a misdemeanor. Prior acts of domestic violence and having a criminal history may also have a determination as to how the case will be filed.

Domestic Violence occurs in married and divorced families, but it is also occurring with cohabiting couples, people who have a child or children in common, people in a current dating relationship or one from the past. Domestic Violence (DV) cases are treated differently than criminal cases in Los Angeles and Ventura County court. There are designated DV Prosecutors and special DV Units within the Prosecutor’s office that are ready to aggressively prosecute, put in jail or force financial restitution on anyone charged with Domestic Violence.

Domestic Violence misdemeanors may result in a jail sentence of from 0 to 6 months in County jail, counseling for 52 weeks, fines and even community service. DV felonies may result in sentences of up to 3 years in State prison, counseling, Stay Away orders, fines and community service.

Lastly, in the State of California the DV Prosecutor is the only one who has the right to drop charges once a DV arrest is made. The Prosecutor can make it a criminal case whether or not the victim wants the charges dropped. DV is the Prosecutor’s case and the victim has standing only as a witness. DV is a serious charge and one who has been arrested should always have an attorney present to represent them.