Domestic Violence Criminal Court Process in Los Angeles
Domestic Violence Criminal Court Process in Los Angeles
Being arrested for domestic violence in Los Angeles can be an overwhelming and confusing experience, especially for first-time offenders unfamiliar with the criminal justice system. The process moves quickly, and many people are unsure of what to expect or how to protect their rights. Law enforcement and prosecutors take domestic violence cases seriously, often moving forward with charges even if the alleged victim does not want to press charges. A domestic violence arrestcan lead to criminal charges, protective orders, and potential jail time, making it critical to understand the court process and your legal options.
At The Law Offices of Arash Hashemi, we have successfully defended clients facing domestic violence allegations by challenging weak evidence, exposing false accusations, and negotiating charge reductions or dismissals. We understand that these cases often arise from misunderstandings, emotional conflicts, or exaggerated claims. Below, we provide a step-by-step breakdown of the domestic violence court process in Los Angeles, so you know what to expect and how our firm can help fight for the best possible outcome
What Happens After a Domestic Violence Arrest in Los Angeles?
Most domestic violence cases begin when police respond to a 911 call. Even if the alleged victim does not want to press charges, California law requires officers to make an arrest if they believe there is probable cause that domestic violence occurred. Law enforcement takes these cases seriously, and in many situations, the decision to move forward with charges is entirely up to the prosecutor, not the alleged victim.
Steps After a Domestic Violence Arrest
- Booking and Processing – After the arrest, you will be taken to a local police station or county jail for fingerprinting, photographs, and processing. If you are held in custody, you will be assigned a booking number and remain in jail until bail is set or you are released.
- Bail Hearing or Release – Depending on the severity of the charge, you may be released on your own recognizance (OR), required to post bail, or held in custody until your arraignment. Some domestic violence charges have preset bail amounts, while others require a hearing before a judge.
- Case Review by Prosecutors – The Los Angeles City Attorney’s Office (for misdemeanors) or the Los Angeles County District Attorney’s Office (for felonies) will review the police report and any available evidence to decide whether to file formal charges. In some cases, the prosecutor may choose to reduce or reject the charges if the evidence is weak or lacks credibility.
If charges are filed, the domestic violence criminal court process officially begins, leading to the arraignment and pretrial hearings. At this stage, it is crucial to have a defense attorney who can challenge the evidence, argue for a dismissal, or negotiate for reduced charges before the case progresses further.
Will My Domestic Violence Case Be a Misdemeanor or Felony?
The severity of a domestic violence charge in Los Angeles depends on several factors, including the extent of the alleged victim’s injuries, whether a weapon was involved, prior criminal history, and the specific circumstances of the incident. Domestic violence offenses are considered “wobbler” crimes in California, meaning they can be charged as either a misdemeanor or a felony at the prosecutor’s discretion.
Misdemeanor Domestic Violence
A misdemeanor charge is typically filed when there are no visible injuries or when the alleged harm is considered minor. The most common misdemeanor charge is:
- Domestic Battery – California Penal Code 243(e)(1): This law applies to cases where there is unlawful force or violence against a spouse, cohabitant, dating partner, or co-parent, but no visible injury is present.
Felony Domestic Violence
A felony charge is more likely if there are visible injuries, bruising, or serious harm to the alleged victim. The most common felony charge is:
- Corporal Injury to a Spouse or Cohabitant – California Penal Code 273.5: This offense involves inflicting a physical injury that results in a traumatic condition, such as bruising, broken bones, or internal injuries.
Since prosecutors have discretion in deciding how to charge a case, a Los Angeles domestic violence defense attorney may be able to negotiate a reduction from a felony to a misdemeanor or work toward a complete dismissal of charges. Early intervention by a skilled attorney can be critical in achieving the best possible outcome.
What Happens at a Domestic Violence Arraignment?
The arraignment is the first court appearance after a domestic violence arrest in Los Angeles. During this hearing, the judge will formally announce the charges, and you will have the opportunity to enter a plea of guilty, not guilty, or no contest. The court may also impose bail conditions and issue a criminal protective order, which could restrict contact with the alleged victim.
Pleading Not Guilty
If you plead not guilty, your case will proceed to pretrial hearings, where your attorney can review the evidence, file motions, and negotiate with the prosecution. If no resolution is reached, the court may set a trial date. Pretrial hearings provide an opportunity to challenge weak evidence, argue for a dismissal, or negotiate a plea deal to a lesser offense.
Pleading Guilty or No Contest
If you choose to plead guilty or no contest, the judge may issue a sentence immediately or schedule a separate sentencing hearing. Sentencing can include jail time, probation, court-ordered counseling, fines, and mandatory domestic violence programs. The severity of the penalty depends on whether the charge is a misdemeanor or felony, any prior criminal history, and other aggravating factors.
Since the arraignment determines the direction of your case, Attorney Arash Hashemi can assess the charges, evaluate the evidence, and develop a strategy to challenge the prosecution’s case. With years of experience handling domestic violence cases, he can work to protect your rights, negotiate for reduced charges, or seek a case dismissal whenever possible.
Will a Protective Order Be Issued Against Me?
In most domestic violence cases, the judge will issue a Criminal Protective Order (CPO) at the arraignment to prevent further contact between the accused and the alleged victim. This order is meant to protect the alleged victim while the case is ongoing, but it can have serious consequences for the defendant.
Types of Restrictions in a Protective Order
A CPO may include:
- No Contact Order – Prohibits all communication with the alleged victim, including in-person contact, phone calls, texts, emails, and social media interactions.
- Stay-Away Order – Requires you to stay a certain distance away from the alleged victim’s home, workplace, or other locations.
- Residence Exclusion Order – Forces you to move out of a shared home, even if your name is on the lease or mortgage.
Modifying a Protective Order
If the alleged victim wants contact or does not feel a strict no-contact order is necessary, Attorney Hashemi can petition the court for a “peaceful contact” order, which allows communication as long as there is no harassment, threats, or violence. Courts may consider modifying the order under certain circumstances, especially if both parties request it.
Penalties for Violating a Protective Order
Violating a protective order is a criminal offense under California Penal Code 273.6 PC and can lead to additional misdemeanor or felony charges, with penalties including jail time, fines, and probation. If you have a protective order issued against you, it is crucial to comply with its terms and seek guidance from an experienced domestic violence attorney to explore legal options for modification or defense.
What Happens at a Pretrial Hearing in a Domestic Violence Case?
If you plead not guilty at your arraignment, your case will move to the pretrial phase, where your attorney will have the opportunity to review and challenge the prosecution’s evidence. This stage is crucial, as many domestic violence cases are resolved before ever reaching trial.
Key Defense Strategies at Pretrial Hearings
During the pretrial phase, your domestic violence attorney can:
- Challenge the evidence – This includes reviewing police reports, 911 call recordings, medical records, and witness statements for inconsistencies or weaknesses.
- File motions to suppress evidence – If any evidence was obtained through illegal searches, coerced statements, or violations of your rights, your attorney can request that it be excluded from the case.
- Negotiate with the prosecution – If the evidence is weak, your attorney may negotiate for a dismissal, charge reduction, or a plea deal with lesser penalties.
Potential Outcomes at a Pretrial Hearing
If the alleged victim refuses to testify, recants their statement, or there is insufficient evidence, the prosecution may be willing to:
- Dismiss the charges entirely due to lack of evidence.
- Offer a plea agreement to a lesser offense, such as disturbing the peace or simple battery, which carries fewer penalties.
- Reduce a felony charge to a misdemeanor, which can lower potential jail time and other long-term consequences.
If no resolution is reached during pretrial hearings, the case will proceed to trial, where the prosecution must prove beyond a reasonable doubt that a crime occurred.
What Happens If My Domestic Violence Case Goes to Trial?
If your domestic violence case goes to trial, the prosecution must prove beyond a reasonable doubt that you committed the alleged offense. Trials can be unpredictable, and both sides will present evidence, witnesses, and legal arguments to support their case. The jury (or judge in a bench trial) will ultimately decide whether you are guilty or not guilty.
Evidence the Prosecution May Use Against You
- The alleged victim’s testimony or previous statements if they refuse to testify.
- 911 call recordings that capture statements made at the time of the incident.
- Medical records, photos of injuries, or police body-cam footage documenting the alleged abuse.
How Your Defense Attorney Can Challenge the Case
- Cross-examining the alleged victim to expose inconsistencies, false accusations, or bias.
- Arguing self-defense, showing that any force used was necessary to protect yourself from harm.
- Challenging the lack of physical evidence, demonstrating that the prosecution’s case is based on weak or circumstantial evidence.
Possible Trial Outcomes
- Not Guilty Verdict – If the jury finds you not guilty, the case is dismissed, and no conviction appears on your record.
- Guilty Verdict – If convicted, the case moves to sentencing, where the judge determines the penalties, which may include jail time, probation, fines, or court-ordered counseling.
What Are the Penalties for Domestic Violence in Los Angeles?
Misdemeanor Penalties – Penal Code 243(e)(1) (Domestic Battery)
- Up to 1 year in county jail
- Fines up to $2,000
- A 52-week batterer’s intervention program (court-mandated counseling)
- Issuance of a restraining order preventing contact with the alleged victim
- Firearm restrictions, prohibiting gun ownership or possession
Felony Penalties – Penal Code 273.5 (Corporal Injury to a Spouse or Cohabitant)
- 2, 3, or 4 years in state prison
- Fines up to $10,000
- Formal probation with mandatory counseling
- A permanent criminal record, which can impact employment and housing opportunities
Long-Term Consequences of a Domestic Violence Conviction
- Employment difficulties, as many employers conduct background checks
- Immigration consequences, including deportation for non-citizens
- Loss of child custody or visitation rights, as courts consider domestic violence in family law cases
Can a Domestic Violence Charge Be Dismissed?
Yes, many domestic violence charges can be dismissed depending on the circumstances of the case. Prosecutors must prove beyond a reasonable doubt that a crime occurred, and if the evidence is weak or unreliable, the case may not hold up in court.
A domestic violence charge may be dismissed if:
- The alleged victim recants their statement – If the victim changes their story or refuses to cooperate, the prosecution may lack the evidence needed to continue the case.
- Insufficient evidence to prove guilt – Without medical reports, physical injuries, credible witness testimony, or supporting evidence, the case may be dismissed for lack of proof.
- Violation of constitutional rights – If the police conducted an unlawful arrest, coerced a statement, or violated search and seizure laws, key evidence may be thrown out, weakening the prosecution’s case.
- Self-defense – If you were protecting yourself from harm, your attorney can argue justifiable self-defense, potentially leading to a case dismissal or charge reduction.
Even if the alleged victim wants to drop the charges, the prosecutor can still move forward with the case. This is why having an experienced domestic violence attorney is crucial to building a strong defense and fighting for a dismissal whenever possible
Contact a Los Angeles Domestic Violence Attorney to Discuss Your Case
The domestic violence criminal court process in Los Angeles can be complex, and navigating it without experienced legal representation puts you at a serious disadvantage. If you have been arrested for domestic violence, it is crucial to consult with a Los Angeles domestic violence attorney as soon as possible to review the details of your case.
With over 20 years of experience, Attorney Hashemi carefully analyzes the evidence, police reports, and witness statements to identify weaknesses in the prosecution’s case. Whether through pretrial negotiations, filing motions to dismiss, or aggressively defending you at trial, he works to secure the best possible outcome. We offer a free consultation to discuss your case, answer your questions, and provide guidance on the best defense strategy. Early intervention is key—contact us today to start building your defense.
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