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Law Firm

Handling Domestic Violence Safely & Obtaining Legal Protection

These key steps will enable you to stay safe and secure when dealing with a domestic violence incident. One of the main ideas to keep in mind is to plan ahead before a future incident. Gathering extra clothes and storing them at another person’s house, getting extra cash or a credit card for emergencies and making a copy of your car keys are all ways you can plan ahead before a future occurrence. This is crucial for your safety in case the aggressor creates an extreme situation where you cannot escape. Having this all planned in advance will allow you to get away from your aggressor quickly and safely and get to a safe place to then call the police. Make sure you do not wait or hesitate to call the police. Often domestic violence victims feel that they can handle or manage their abuser. That maybe this situation was out-of-character and will not happen again and that they can “fix it” or help “heal” their abuser. However, if this has become a pattern in your relationship, chances are that this kind of confrontation will occur again.

If the person who is your aggressor has become extremely frightening or threatening, it is best to try and obtain a restraining order. Speak to the police officer for an Emergency Protective Order (EPO). An EPO can be given 24/7, even on nights and weekends, and it will give you protection for up to five days. Once you are safe, you can then speak to a restraining order attorney to achieve a temporary restraining order for a longer amount of time, or a final restraining order (FRO) which is a more permanent measure.

Going through domestic violence is a traumatic situation for the victim and for any children who may be witness to the act. Both the victim and any children should receive help through domestic violence shelters and domestic violence therapists if extreme mental trauma, like post traumatic stress disorder, is seen. The main thing is to make sure you, and any children, remain safe and secure and receive any help that is needed.…

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Statutes

Understanding And Handling Domestic Violence Charges In Los Angeles

?Domestic violence? or ?domestic abuse? is a common criminal charge in California. Simple arguments often escalate into domestic violence allegations. Domestic violence is typically charged under Penal Code 273.5 or Penal Code 243(e). This article focuses on domestic violence charges under Penal Code 273.5.

It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.

What is required to prove domestic violence? The prosecution must generally prove the following facts to find a defendant guilty of domestic violence under Penal Code 273.5: (1) defendant abused a spouse, former spouse, a current or former live-in girlfriend or boyfriend, or the mother or father of the defendant?s child; (2) the defendant used intentional (non-accidental) force to cause the abuse; and (3) the victim suffered some form of visible injury, even if the visible injury is small.

What are common defenses to domestic violence charges? While any domestic violence charge must be evaluated on its specific facts, in many cases there are strong defenses to a domestic violence charge, including: (1) false accusations ? domestic arguments often result in false accusations of domestic violence; (2) self defense ? it is not domestic abuse when someone uses reasonable self defense to protect himself from a domestic attack; and (3) accident ? it is not domestic abuse when someone does not deliberately do an act to cause injury to a spouse or domestic partner.

What is the punishment for a domestic violence charge? Penal Code 273.5 is a ?wobbler?, meaning that it can be charged as a misdemeanor or as a felony. If charged as a misdemeanor, it is punishable by up to 1 year in county jail and a $6,000 fine, or both. If charged as a felony, it is punishable by 2, 3 or 4 years in a state prison, a $6,000 fine, or both. The prosecutor will decide to charge Penal Code 273.5 as a misdemeanor or as a felony based primarily on the extent of the victim?s injuries.

I hope this article has been helpful.

Sincerely,

Garret Weinrieb, Esq.

Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)…