LA Domestic Violence Laws
The increasingly tough laws pertaining to domestic violence did not originate in a vacuum. Domestic violence is the leading cause of visits to the emergency room by women. Every 15 seconds, a woman is beaten by a partner or spouse. For those facing a potential DV charge, knowing one’s rights and understanding what constitutes domestic violence are the first defenses. Police have tremendous power in Los Angeles when they suspect domestic violence. Police may, for instance, seize any firearms or anything else they believe to be a weapon as soon as the charges are made.
Domestic violence is not only physical. The law makes allowances for terroristic threats—this means any threat that carries the promise of violence and which is repeatedly used as an instrument of control—it also includes acts of stalking and these laws cover far more than married couples. In Los Angeles, a cohabitating, dating or couples with common children are all subject to being charged with crimes under domestic violence laws. There are very severe penalties that may be assessed and one should keep in mind their rights when being investigated by officers for such a crime.
One should contact their lawyer before saying anything to officers. There are numerous ways in which an individual can say exactly the wrong thing to an arresting officer and this will most certainly be used against them. It’s best to exercise one’s right to remain silent. The arresting officer will have the latitude to determine if any injuries observed at the scene are likely the result of domestic violence. A medical examiner will likely be consulted after the fact. The officer will also have the right to seize any weaponry in the home even if there has been no violence and only threats have been made.
One facing a DV charge needs representation immediately. These crimes can be charged as felonies and can carry sentences as long as 3 years in state prison. In addition, the prosecutor is entirely in charge of felony cases and the charges may not be dropped by either of the involved parties. The state is pressing the charges in a felony domestic violence case. Domestic violence is a very complex area of the law and requires representation that specializes in this field. Finding an attorney who understands and has experience with California’s DV laws is imperative for anyone so charged.
Domestic violence is not only physical. The law makes allowances for terroristic threats—this means any threat that carries the promise of violence and which is repeatedly used as an instrument of control—it also includes acts of stalking and these laws cover far more than married couples. In Los Angeles, a cohabitating, dating or couples with common children are all subject to being charged with crimes under domestic violence laws. There are very severe penalties that may be assessed and one should keep in mind their rights when being investigated by officers for such a crime.
One should contact their lawyer before saying anything to officers. There are numerous ways in which an individual can say exactly the wrong thing to an arresting officer and this will most certainly be used against them. It’s best to exercise one’s right to remain silent. The arresting officer will have the latitude to determine if any injuries observed at the scene are likely the result of domestic violence. A medical examiner will likely be consulted after the fact. The officer will also have the right to seize any weaponry in the home even if there has been no violence and only threats have been made.
One facing a DV charge needs representation immediately. These crimes can be charged as felonies and can carry sentences as long as 3 years in state prison. In addition, the prosecutor is entirely in charge of felony cases and the charges may not be dropped by either of the involved parties. The state is pressing the charges in a felony domestic violence case. Domestic violence is a very complex area of the law and requires representation that specializes in this field. Finding an attorney who understands and has experience with California’s DV laws is imperative for anyone so charged.
