Let's review what you should know if you're arrested for a domestic violence case in Encino, California. Our office is in Encino, and I have done a lot of domestic violence cases over the last 30 years.
I've worked for the district attorney's office and a superior court judge. In the early 1990s, I became a Los Angeles criminal defense attorney defending people like you for domestic violence, spousal abuse, and spousal battery cases.
I've handled hundreds of these cases, and I think there are several things you should know. First and foremost, make sure you hire an attorney. It's crucial to have somebody there representing your rights, reputation, freedom, and criminal record.
The second thing you need to know; you want to hire somebody local to the court where your case is. What I mean by that is, who has experience dealing with that particular courthouse.
They don't have to live right next to the court. They don't have to have an office right next to the court, but they better have experience handling cases in that courthouse.
Because each court has its way of doing things, and you want to make sure your attorney has the advantage of knowing how things work – dealing with the prosecutors, the judges, and the court staff.
I've been handling these cases now for over 30 years. As I said, my office is in Encino, so if you have a case occurring in Encino, it will be straightforward to find my office at 16000 Ventura Boulevard. It's the penthouse suite 1208. I'm very well known in this area. I've handled many of these cases with excellent results.
Common California Domestic Violence Charges
The most common charges that are related to domestic violence in Los Angeles include the following:
- Penal Code 243(e)(1) PC - domestic battery,
- Penal Code 273.5 PC - corporal injury to a spouse,
- Penal Code 273.6 PC – violate a restraining order,
- Penal Code 646.9 PC – stalking,
- Penal Code 422 PC – criminal threats,
- Penal Code 273d PC - child abuse,
- Penal Code 368 PC - elder abuse,
- Penal Code 136.1 PC – dissuading a witness,
- Penal Code 591 PC – damaging a phone line.
Penal Code 243(e)(1) PC - Domestic Battery
Domestic battery is defined under California Penal Code 243(e) PC and is the most common form of domestic violence-related in Los Angeles County.
PC 243(e)(1) says, “When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had a dating or engagement relationship, the battery is punishable….”
It's described as any willful and unlawful use of force or violence against an intimate partner. It's a misdemeanor version of the more serious California Penal Code 273.5 PC corporal injury to a spouse.
Notably, you could be arrested and convicted of PC 243(e)(1) domestic battery if you use any amount of force, no matter how slight. Evidence of visible injuries is not required to be arrested.
A judge will issue a restraining or emergency protective order prohibiting you from communicating with the alleged victim. Suppose you violate the restraining order. In that case, it's a separate misdemeanor crime and will complicate your domestic battery defense.
Domestic battery is a misdemeanor unless serious bodily injuries or other aggravated circumstances exist. A conviction carries up to one year in a Los Angeles County jail, a $2,000 fine, and probation. You will also be required to complete a 52-week batterer's treatment program.
Reviewing All the Case Details
First, we get you in and must find out exactly what happened. I encourage you to be honest because the attorney-client privilege protects everything we say.
Once we know what happened, we can begin designing the roadmap to help you. I think that's important as far as what you should know, and that is what we will do to defend you:
- Are we going to fight the case?
- Will we try to mitigate the case and work out a deal?
It depends on the circumstances. You have to use my experience. You have to give me the information, and then we will make the necessary moves for you.
Protective Order Issued Against You
The last thing that you should know as it relates to a domestic violence case that you are arrested for in Encino is that when you go to court, the court is going to issue a protective order against you, ordering you to stay 100 yards away from whoever the alleged victim is.
So, if you live with that person, that puts you in a difficult position. That puts you in a position where you may not be able to go back to your home.
That's one thing we want to start working on right away. Some strategies can be employed as long as they're handled correctly, as long as we use experience and common sense to deal with the problem.
You've come to the right place. If you need the best – if you've been arrested for domestic violence, spousal abuse, or battery in Encino, pick up the phone now.
Ask for a meeting with Ron Hedding, and we will begin to design the plan to allow you to regain control of your life. We offer a free case evaluation via phone or contact form.
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