Domestic Violence Lawyer in Pasadena, CA

Domestic violence in Pasadena, CA, refers to alleged abusive behavior by someone to control or intimidate a partner or family member within a household. 

Specifically, domestic violence can involve spouses, ex-spouses, people in dating relationships, or even between family members like parents and children or siblings.

Local law enforcement agencies in Pasadena play a crucial role in enforcing California's strict domestic violence laws. Their zero-tolerance policy prioritizes victim protection, providing reassurance to those in need.

Notably, once police respond to a domestic violence call, a criminal case can move forward, often without regard to the alleged victim's wishes to drop charges. When called, law enforcement will typically investigate whether a party was physically harmed or threatened unlawfully.

If police determine that a traumatic condition exists, they are empowered to make a felony arrest. In such cases, the alleged victim is encouraged to request an 'emergency protective order (EPO)'. This order, issued on the spot, provides immediate security and remains in effect for up to seven days, ensuring the victim's safety.

If children reside in the home, and there are concerns about their safety, Child Protective Services (CPS) may be called to investigate. Their role is to ensure the well-being of the children and take appropriate action if they are in danger of harm.

What is Domestic Violence?

In Pasadena, several types of criminal conduct can lead to domestic violence charges, such as the following:

  • Physical Abuse. This includes hitting, slapping, pushing, or any physical assault that causes harm to another person, which can result in criminal charges such as Penal Code 243(e)(1) domestic battery or Penal Code 273.5 corporal injury to a spouse or cohabitant.
  • Emotional Abuse. This includes actions like belittling, threats, intimidation, or controlling behavior. 
  • Sexual Abuse. Any non-consensual sexual contact between individuals in a domestic setting is considered sexual abuse. This can lead to serious criminal charges such as sexual assault (Penal Code 261) or rape.
  • Threats and Intimidation. If someone allegedly uses threats of violence or harm to manipulate or control another, it may lead to charges such as criminal threats (Penal Code 422).
  • Child Abuse. When domestic violence affects children, the abuser could face charges of child abuse (Penal Code 273d).
  • Stalking (Penal Code 646.9) involves following, harassing, or threatening someone to the extent that the person fears for their safety. Stalking charges often arise from unwanted contact after separation.
  • Violation of a Restraining Order (Penal Code 273.6) occurs when defendants contact or approach protected persons in violation of court orders. Even seemingly innocent contact can result in additional criminal charges.

Other Common Domestic Violence Charges

  • Penal Code 236 PC - False Imprisonment
  • Penal Code 273a - Child Endangerment
  • Penal Code 270 PC - Child Neglect
  • Penal Code 368 PC - Elder Abuse
  • Penal Code 653.2 PC - Cyberstalking
  • Penal Code 647(j)(4) - Revenge Porn
  • Penal Code 601 PC - Aggravated Trespassing
  • Penal Code 136.1 PC - Intimidating a Witness

Domestic violence enforcement in the Pasadena area involves multiple agencies, such as the Pasadena Police Department, South Pasadena Police Department, and the Los Angeles County Sheriff's Department, responding to domestic violence calls throughout various neighborhoods.

Domestic violence cases are typically under the jurisdiction of the Los Angeles County District Attorney's Office at the Pasadena Superior Court. 300 E Walnut St, Pasadena, CA 91101.

Key Takeaways

  • California Penal Code 13701 PC mandates that law enforcement officers make an arrest when they have probable cause to believe domestic violence has occurred, which removes officer discretion in most situations.
  • If police observe evidence of physical injury, signs of a struggle, or credible witness statements, they must make an arrest regardless of the alleged victim's preferences.
  • It's not uncommon for police to arrest the wrong person if the evidence points them in a misleading direction.
  • The Los Angeles County District Attorney's Office has established specialized domestic violence units, ensuring that cases are handled with the utmost expertise and care, instilling confidence in the legal process.
  • Prosecutors are trained specifically in domestic violence law and often pursue charges even when alleged victims request that charges be dropped.

Domestic Violence Restraining Orders

Allegations of domestic violence often lead to the issuance of a restraining order by the judge, which includes different types, such as the following: 

  • Temporary Restraining Orders. These are issued by a judge shortly following the alleged incident, protect for up to 25 days pending a hearing, and may address child custody, spousal support, and shared residences.
  • Permanent Restraining Orders. These are issued after a court hearing. They typically last up to five years but can be renewed indefinitely.

Violating a restraining order is a serious offense, resulting in additional charges and penalties. This underscores the gravity of the situation and the need for strict compliance, making the audience fully aware of the potential consequences.

Misdemeanor Domestic Violence Conviction

Suppose you are convicted of domestic violence in Pasadena, CA. In that case, you can face significant legal penalties, depending on the nature and severity of the offense, as well as any prior criminal history.

Misdemeanor charges apply if the offense involved minor physical injury or no injury at all. Common charges include domestic battery (Penal Code 243(e)(1)) that carries the following: 

  • Jail Time: You may face up to one year in county jail.
  • Fines: Court-ordered fines can be up to $2,000.
  • Probation: In some cases, you may receive probation that can last from one to three years, and you must follow certain conditions, such as attending domestic violence counseling and staying away from the alleged victim.
  • Mandatory Counseling: As part of your sentence, you may be ordered to complete a domestic violence treatment program that lasts for a year or more and includes group therapy sessions focused on anger management

Felony Domestic Violence Conviction

Felony charges apply in more serious cases of domestic violence, especially those that involve significant physical harm or the use of a weapon. If the alleged victim suffers serious injuries (Penal Code 273.5) or if the court sees a history of repeated abuse, you can face a felony conviction. Potential penalties include the following: 

  • Prison Time: Felony convictions may lead to a sentence in state prison, typically two to four years. The sentence can be longer in cases involving severe injury or aggravating factors.
  • Fines: You may be required to pay significant fines, up to $6,000.
  • Probation: Formal probation has stricter conditions than misdemeanor probation.
  • In cases involving weapons or a pregnant victim, the penalties may escalate. For example, if the accused used a firearm during the crime, it can lead to enhanced charges and a longer prison sentence.
  • Loss of Gun Rights: Under both state and federal law, a conviction for domestic violence can result in the loss of your right to own or possess firearms. California, Penal Code 29800 PC, prohibits individuals convicted of domestic violence from owning or possessing guns. This restriction applies even for a misdemeanor conviction. The law may prohibit you from purchasing firearms or ammunition.
  • Immigration Consequences: For non-citizens, a domestic violence conviction may have serious immigration consequences. It might lead to deportation or make obtaining or renewing a visa or green card more difficult. A conviction can bar you from reentering the United States after the government deports you.

Defenses Against Domestic Violence Charges

Our experienced Pasadena criminal defense attorneys may be able to help you obtain the best possible outcome. Perhaps we can argue that any injury or contact was accidental rather than willful. 

Domestic Violence Charges

One of the most common defenses to a domestic violence charge is self-defense. California law allows individuals to use reasonable force to defend themselves against an aggressor.

However, to successfully use self-defense, you must demonstrate that you reasonably believed you were in danger and that your response was proportionate to the threat.

Another possible defense is that the accusations of assault are false. Sometimes, individuals make false claims of domestic violence due to personal conflicts, jealousy, or attempts to gain an advantage in a divorce or custody battle.

If we can present evidence that the accuser has lied or exaggerated the events and has a motive to do so, the charges may be dismissed or reduced. This can involve witness testimony, text messages, or other evidence that the allegations were fabricated.

If the prosecution lacks sufficient evidence to prove that an assault occurred, we may be able to get the charges dropped or reduced. In some cases, the alleged victim may not have any injuries, or the physical evidence may be inconsistent with the alleged events.

If there is strong evidence against you, we may negotiate with the prosecution for a favorable plea deal. This can involve reducing the charges or securing a lighter sentence, such as probation instead of jail time. A plea deal might also include alternative programs like domestic violence counseling, which can minimize the legal consequences.

For more information, contact the Hedding Law Firm, located in Los Angeles, CA.

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