LA Domestic Violence Lawyer

Los Angeles Domestic Violence Attorney

Sometimes, arguments between current or former intimate partners can become heated, and domestic violence might occur. However, in many situations, one partner might report domestic violence to the authorities when nothing happened that qualifies as a criminal offense. Regardless, it is common for police officers to arrest the non-reporting partner, who might face serious criminal charges and penalties. 

Being charged with domestic violence in Los Angeles can lead to jail time, restraining orders, and a permanent record that damages your life in many ways. That’s why you need Chudnovsky Law to represent you. Our skilled Los Angeles domestic violence defense attorneys will thoroughly analyze your case, determine the most effective defense, and vigorously advocate for your rights.

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LA Domestic Violence Guide

• Los Angeles Domestic Violence Crime Overview
• Common Defenses Against Domestic Violence
• How We Approach LA Domestic Violence Cases
• What To Do After An LA Domestic Violence Arrest
• Contact Our Los Angeles Domestic Violence Lawyers

Why Choose Us?

When facing criminal charges, trust Chudnovsky Law for skilled defense. Our seasoned Los Angeles criminal defense attorneys have successfully represented over 9,000 clients in California criminal courts. Our senior criminal defense lawyers hold top ratings of 10.0 on Avvo and Justia, and our firm is recognized as a leading defense practice by the U.S. News & World Report.

To learn more, you can visit our Los Angeles office at 1933 S Broadway, #1100. You can also contact us today at (213) 212-5002 for a confidential legal consultation about your domestic violence case.

Los Angeles Domestic Violence Crime Overview 

Domestic violence in Los Angeles is governed by California state laws, primarily under the California Penal Code, and is treated as a serious offense with significant legal consequences. Obtaining a favorable outcome in domestic violence cases can be challenging, but Chudnovsky Law has successfully done so many times.

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Domestic violence, also known as intimate partner violence, involves abusive behavior, physical, sexual, emotional, economic, or psychological, used to gain or maintain control over an intimate partner or family member. California Penal Code §13700 defines an intimate partner as a current or former: 

• Spouse
• Cohabitant
• Fiancé(e)
• Registered domestic partner
• Co-parent
• Dating partner.

The laws can also extend to cover other familial relationships, including children, parents, siblings, and grandparents. Los Angeles dedicates aggressive enforcement mechanisms, special courts, and community resources to address domestic violence, reflecting the state’s commitment to protecting victims and prosecuting offenders. Unfortunately, this can lead to wrongful convictions from false accusations.

You should always retain our skilled Los Angeles domestic violence defense lawyers if you have been arrested or charged.

Types of Domestic Violence Offenses

California law categorizes domestic violence offenses under several Penal Code sections, many of which are “wobblers,” meaning they can be charged as misdemeanors or felonies depending on factors like the severity of the victim’s injuries, the defendant’s criminal history, or the use of a weapon. Key offenses include:

• Domestic Battery (Penal Code §243(e)(1)): Involves the use of force or violence against an intimate partner without requiring visible injuries. It is typically a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000.
• Corporal Injury to a Spouse or Cohabitant (Penal Code §273.5): Occurs when physical harm results in a traumatic condition (even slight injury) to an intimate partner. As a wobbler, it carries up to one year in county jail for a misdemeanor or two to four years in state prison for a felony, with fines up to $6,000 ($10,000 with prior convictions within seven years).
• Criminal Threats (Penal Code § 422): Involves threatening serious harm, causing the victim to fear for their safety reasonably. This wobbler can result in up to one year in jail for a misdemeanor or up to four years in prison for a felony, potentially counting as a “strike” under California’s Three Strikes Law. Other related charges may include child abuse (§273d), child endangerment (§273a), stalking, aggravated trespass (§601), or revenge porn (§647(j)(4)). The decision to charge as a misdemeanor or felony often depends on factors such as the extent of harm, the use of extreme force, or the presence of children during the incident.

Penalties and Collateral Consequences

Convictions for domestic violence in Los Angeles carry a range of penalties and long-term consequences. Misdemeanor convictions typically result in up to one year in county jail, fines, and mandatory probation conditions, including a 52-week Batterers’ Intervention Program (BIP) under Penal Code §1203.097. This program requires weekly two-hour classes over 18 months, with limited absences allowed. 

Felony convictions can result in a prison sentence of two to five years, higher fines, and a potential designation as a “strike” under the Three Strikes Law, which increases penalties for future offenses. Most convictions require a minimum 30-day jail sentence, even for misdemeanors, unless probation is granted with conditions like restitution for victim losses (e.g., medical bills or property damage).

Collateral consequences are significant. A misdemeanor domestic violence conviction imposes a 10-year ban on owning or possessing firearms, while a felony or a conviction under §273.5 results in a lifetime ban under California and federal law. Convictions may lead to loss of child custody or visitation rights, particularly if children were involved or endangered.

For undocumented immigrants, domestic violence is a crime of moral turpitude, potentially leading to deportation, denial of naturalization, or exclusion from the U.S. Professional licenses may be suspended or revoked, and convictions appear on background checks, affecting employment and housing opportunities.

Restraining Orders

California courts issue Domestic Violence Restraining Orders (DVROs) to protect victims from further abuse, applicable against intimate partners or close relatives. No physical harm is required; abuse can include emotional, psychological, or financial control, such as isolation or threats.

To obtain a DVRO, the applicant must prove abuse or threats against themselves or their minor child by an intimate partner or relative. DVROs can include orders for no contact, staying away from the victim’s home or workplace, and child custody arrangements. Violating a DVRO is typically a misdemeanor unless the victim is harmed.

Common Defenses Against Domestic Violence

Each domestic violence case is different, so our defense attorneys at Chudnovsky Law tailor our strategies to your specific circumstances.

Self-Defense

One possible defense is self-defense. Under the law, you have the right to protect yourself from harm, even if it means using necessary force to defend against an attacker, including a current or former partner. Your attorney might demonstrate that your actions were taken in self-defense, thus potentially leading to a dismissal of the charges or a reduction in penalties.

False Accusations

Another important defense to consider is false accusations by a partner. In some cases, individuals may falsely accuse their partners of domestic violence out of spite, jealousy, or to gain the upper hand in a divorce or custody battle. Your attorney can help gather evidence to discredit these false allegations, including witness statements, communication records, and any other relevant information that can support your innocence.

Insufficient Evidence

A prosecutor must have enough evidence to prove domestic violence charges beyond a reasonable doubt. However, in many cases, all that is available is “he-said, she-said” evidence. These cases often lack concrete proof, relying instead on conflicting testimonies. As a result, it becomes imperative to challenge the evidence presented in court. A skilled attorney can analyze the inconsistencies in witness statements, highlight any lack of physical evidence, and challenge the credibility of the opposing party.

By questioning the reliability of the evidence against you, a knowledgeable lawyer can cast doubt on the prosecution's case. They can work to undermine the credibility of witnesses and raise doubts about the veracity of the allegations. Our attorneys can explore various strategies to weaken the prosecution's argument and build a strong defense on your behalf.

Remember, you are not alone, and there are defenses available to help you fight these charges and protect your future.

How We Approach LA Domestic Violence Cases

Your skilled Los Angeles domestic violence lawyer can take many steps to forward your defense in a domestic violence case, including the following.

Understanding the Case and Evidence

Your criminal defense attorney from Chudnovsky Law begins by thoroughly analyzing the prosecution’s case and scrutinizing police reports, witness statements, and physical evidence, such as surveillance footage or medical records. They identify weaknesses, such as inconsistent testimonies, lack of intent, or insufficient proof of willful action, which prosecutors must establish beyond a reasonable doubt.

For example, if the alleged act was accidental or could not cause harm, your attorney can argue that the elements of assault or battery are not met. By leveraging their knowledge of California law, they challenge the credibility of evidence, ensuring the prosecutor’s narrative is rigorously tested.

Crafting a Tailored Defense Strategy

An experienced Los Angeles domestic violence attorney develops a defense tailored to the specifics of your case, drawing on common defenses like self-defense, defense of others, or false accusations. Your attorney may present evidence, such as witness accounts or prior threats by the alleged victim, to support this claim.

Alternatively, they might highlight motives for false allegations, such as personal disputes, which are common in cases involving no physical injury. If applicable, they can negotiate to reduce felony charges, such as assault with a deadly weapon (Penal Code 245(a)(1)), to misdemeanors through plea deals.

Navigating the Court System and Negotiations

Los Angeles courts are busy, and prosecutors often rely on their familiarity with local judges and procedures to push for convictions. Your attorney, ideally one with established relationships in the Los Angeles County court system, counters this advantage by negotiating effectively with prosecutors and presenting your case persuasively to judges.

They may secure favorable plea deals, such as probation instead of jail time, or push for diversion programs for first-time offenders. If the prosecutor is unreasonable, your attorney prepares for trial, utilizing their courtroom experience to challenge evidence and sway the jury, often avoiding the public exposure and costs associated with a trial.

Protecting Your Future

Beyond the immediate case, your LA domestic violence attorney at Chunovsky Law works to mitigate long-term consequences, such as employment challenges or loss of civil rights from a felony conviction. They may seek to have charges dismissed before trial through pre-trial investigations or argue for reduced penalties based on your lack of criminal history or the minor nature of the injuries involved.

For instance, a simple domestic violence conviction can carry up to six months in jail and fines, but skilled negotiation can result in community service or counseling instead. By anticipating the prosecutor’s strategies and leveraging their skill, your attorney ensures your rights are protected and fights to preserve your future opportunities.

What To Do After An LA Domestic Violence Arrest

If you’re arrested for domestic violence in Los Angeles, take immediate steps to protect your rights and navigate the legal process. First, remain calm and avoid making statements to police without an attorney present, as anything you say can be used against you. Contact a qualified criminal defense lawyer experienced in domestic violence cases as soon as possible. They can guide you through the process, advise on your rights, and work to reduce or dismiss charges through prefiling intervention.

After arrest, you’ll be booked and may need to post bail for release. Your attorney can argue for release on your own recognizance or lower bail. Expect a court date for arraignment, where you’ll enter a plea—typically “not guilty”—and a judge may issue a protective order restricting contact with the alleged victim. Gather any evidence, like witness statements or communications, that supports your case, and share it with your lawyer.

Prepare for a detective’s investigation, which may involve follow-up interviews. Avoid direct contact with the alleged victim to prevent violating any protective orders. Retain a skilled Los Angeles domestic violence defense attorney right away for challenging evidence, negotiating with prosecutors, and minimizing long-term consequences, such as jail time or a criminal record.

Contact Our Los Angeles Domestic Violence Lawyers 

A domestic violence charge is a serious allegation, but strong defenses are possible that could exonerate you. Chudnovsky Law has outstanding, proven criminal defense lawyers ready to assist now. Call Chudnovsky Law’s LA domestic violence defense lawyers at (213) 212-5002.

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