Domestic Violence Lawyer in Long Beach, CA
Often called “spousal abuse,” domestic violence can involve someone who is not a spouse. For example, a child, a former spouse, or the assault of a person with whom the accused had a dating relationship may be considered domestic violence.
Our Long Beach domestic violence lawyers, with our extensive experience and knowledge, are adept at handling the emotional toll of these cases.
As a team of seasoned professionals who have successfully managed numerous domestic violence cases, we understand the importance of working with an experienced attorney to achieve the best possible results.
We are here to provide that understanding and support, backed by our proven track record in this field. You can trust in our expertise to guide you through this challenging time.
At the Hedding Law Firm, we are more than just a legal team; we are a dedicated support system. We understand the emotional and psychological impact of domestic violence cases, and we are committed to providing you with the legal guidance and support you need.
Our unwavering commitment is to work tirelessly to protect your legal rights, freedom, careers, and futures, ensuring that you are not just another case, but a client we are fully invested in. You can rely on our unwavering commitment to your case.
Consequences of a DV Conviction
Many people are falsely accused of domestic violence out of jealousy, to obtain custody of the children in a divorce, out of vengeance, or for financial reasons. Whether you are innocent or guilty, the potential consequences of a conviction are severe.
A conviction can have far-reaching consequences, affecting not only your freedom but also your reputation, career, and standing in the community. Therefore, it is crucial to seek legal assistance to protect your rights and defend against these charges.
California Penal Code 13701 PC mandates that law enforcement officers make arrests when they have probable cause to believe a domestic violence crime has occurred.
This law removes officer discretion in most situations, meaning police must arrest someone if there is evidence of domestic violence at the scene.
What is Considered Domestic Violence?
Some common examples of domestic violence include pushing, kicking, slapping, punching, and other physical assault or abuse. Threatening or stalking someone in a manner that is intimidating or threatening may also fall under domestic violence.
Domestic violence may also include violating a restraining order, sexual assault, or placing another individual in a situation that threatens bodily harm.
Domestic violence is typically defined as an act of physical violence, threatened violence, and abuse that occurs in connection with the following types of personal relationships:
- Married couples
- Former spouses
- Cohabitating couples
- People in a dating relationship
- Persons who have children together
The Long Beach Police Department serves as the primary responding agency for domestic violence calls throughout the city's diverse neighborhoods, including Belmont Shore to the Eastside.
Designated Prosecutors in Long Beach
Long Beach law enforcement and prosecutors aggressively pursue domestic violence cases, often seeking maximum penalties even in first-time offenses.
The state has several specially designated prosecutors and special domestic violence units (called DV units) within the District Attorney's Office and the City Attorney's Office. These special prosecutors and DV units stand ready to prosecute anyone who is charged with domestic violence.
Domestic violence cases are complicated by the "he said, she said" nature of these crimes, as there are often incidents where there are no other witnesses present, only the defendant and the victim.
This requires a defense lawyer who is adept at interpreting evidence and building a compelling defense argument based upon the available evidence, with little or no eyewitness testimony. Our firm's expertise in this area will give you confidence in our ability to build a strong defense.
After arrests are made, cases proceed to the Los Angeles County District Attorney's Office for prosecution. While Long Beach police handle the initial investigation and arrest, domestic violence cases are prosecuted in California state courts.
The courthouse located in Long Beach handles many domestic violence cases for the local area. The prosecution process involves presenting evidence, witness testimonies, and legal arguments to prove the defendant's guilt beyond a reasonable doubt. We will guide you through each step of this process, ensuring you are well-informed and prepared.
Different Forms of Domestic Violence
Domestic violence crimes include a wide range of different crimes. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be sufficient grounds for prosecution under California domestic violence laws. The different types of conduct include:
- Threats, intimidation, annoying or harassing phone calls, stalking, or physical abuse such as hitting, slapping, punching, pushing, shoving, kicking, biting, pinching, hair pulling, or beating.
- Unwanted sexual touching, forced sexual acts, or even criticizing or mocking an individual's sexual performance.
- Some domestic violence cases may include child abuse or child endangerment.
- Verbal abuse, such as constant criticisms, name-calling, severe emotional neglect, degrading remarks, mocking, taunting, and swearing.
- Financial abuse, such as withholding money from the victim, preventing the victim from getting a job or maintaining a job, prohibiting the victim from purchasing family necessities, and refusing to pay the bills.
- Acts of social abuse, such as isolating the victim from family and friends, opening and reading the victim's mail, monitoring and recording private phone calls, and exhibiting displays of jealousy and possessiveness.
Common Domestic Violence Crimes
- Domestic Battery (PC 243(e)(1)). This misdemeanor applies when someone willfully inflicts force or violence on an intimate partner, even without visible injury. Penalties include up to one year in county jail and fines up to $2,000.
- Corporal Injury on a Spouse (PC 273.5). This is a more serious charge when domestic violence results in a traumatic condition or visible injury. It carries up to four years in state prison and substantial fines.
- Stalking (PC 646.9). This crime involves following, harassing, or threatening behavior that causes reasonable fear for safety. This charge often accompanies cases involving separation or divorce.
- Child Abuse (PC 273d). The act is considered a crime if it is "cruel or inhuman" and results in any sort of injury. Notably, California child abuse laws do allow a parent to administer a spanking without any injury to the child.
- Violation of a Restraining Order (PC 273.6). This crime occurs when defendants contact or approach protected persons in violation of court orders.
Other Common Long Beach Domestic Violence Cases
- Penal Code 236 PC - False Imprisonment
- Penal Code 368 PC - Elder Abuse
- Penal Code 270 PC - Child Neglect
- Penal Code 653.2 PC - Cyberstalking
- Penal Code 647(j)(4) - Revenge Porn
- Penal Code 601 PC - Aggravated Trespass
- Penal Code 136.1 PC - Intimidating a Witness
What is a Restraining Order?
Long Beach police might issue an emergency protective order at the scene, which immediately prohibits the defendant from contacting the alleged victim. This order may then be converted to a temporary or even a permanent restraining order.
This means you may be forced to move from your home and change your routines to avoid contact with your accuser. Violating these orders may result in additional criminal charges.
California criminal courts typically issue a restraining order against domestic violence offenders. This court order prohibits any contact or communication with the victim.
However, a judge can alter the protective order to allow peaceful contact if the victim requests it. A domestic violence restraining order will typically impose restrictions and other terms such as the following:
- Keeping you away from the victim's home, school, or workplace
- Prohibiting contact with the victim, children, or other relatives
- Prohibiting gun ownership
- Requiring child or spousal support or other payments
Intentionally violating a restraining order can lead to a probation violation and new criminal charges under California Penal Code 273.6 PC.
Possible Domestic Violence Penalties
In California, misdemeanor domestic violence penalties can include:
- A jail term of up to six months in county jail and fines
- Community service requirements
- "Stay away" and "move out" orders
- Completing a 52-week batterer intervention program
In California, felony domestic violence penalties vary, but a conviction typically includes the following:
- A jail sentence of three months in county jail or
- Up to three years in state prison and fines
- Mandatory counseling requirements
- Community service requirements
- Domestic violence restraining orders
Domestic violence probation includes strict conditions and long-term requirements that defendants must follow carefully.
Can the Victim Drop the Charges?
It is common for a domestic violence victim to decide that they wish to retract their allegations because they no longer wish to pursue the case once the situation has calmed. Typically, this is due to the highly emotional nature of this type of case.
Notably, in California, you can be arrested and prosecuted for domestic violence even if the victim no longer wishes to cooperate with the case.
The district attorney tends to be very reluctant to drop domestic violence charges, as many victims are motivated by fear of the abuser and the complex psychological effects arising from long-term, systematic abuse.
Simply put, the prosecution can proceed with the criminal case even if the alleged victim decides that they no longer wish to cooperate. The prosecutor is the only person with the authority to drop the charges. The victim is merely a witness for the prosecution, and many cases are successfully prosecuted without the victim's cooperation.
What are the Defenses Against Domestic Violence?
If you're accused of a domestic violence crime in Long Beach, our California criminal defense attorneys can utilize various strategies in your defense, as discussed below.
Perhaps we can argue self-defense. Showing that you acted reasonably to protect yourself from imminent harm. California law permits reasonable force to defend against, even from, an intimate partner.
Most domestic violence crimes must be willful and intentional. Accidents or unintentional contact may not meet the statutory requirements for conviction.
Challenging the credibility of alleged victims who may fabricate or exaggerate incidents for personal advantage in divorce proceedings, custody battles, or other disputes.
Challenges to prosecution cases that rely heavily on victim testimony without corroborating physical evidence or witnesses.
Defense strategies require a thorough analysis of police reports, witness statements, physical evidence, and constitutional issues. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
