L.A. Domestic Violence Defense Attorney Fights to Keep You Out of Jail

Passionate advocacy for California clients since 2003

In California, police are encouraged to make an arrest when they are called to a domestic violence dispute, but an arrest is not mandatory. You are likely to be arrested if the alleged victim shows signs of injury or tells the police that he or she fears harm from you. We at the Law Offices of Arash Hashemi have handled many domestic violence cases in Los Angeles. We understand the system and are prepared to work tirelessly to defend you.

The definition of domestic violence in California

For a crime to be considered domestic violence in California, first, it must be perpetrated by any of the following adult or minor individuals:

  • Fiancé or fiancée
  • A current or former spouse
  • A cohabitant
  • Dating partner
  • The parent of your child


There also must be an instance of abuse, which is defined as the intentional or reckless cause of bodily injury, sexual assault or a sense of fear or imminent danger.

domestic violence

Types of Domestic Violence Charges and Their Legal Implications in California

Domestic violence charges in California encompass a range of offenses, each with its own legal nuances and potential consequences. Understanding these distinct charges and their implications is crucial for anyone facing allegations of domestic violence.

1. Domestic Battery (Penal Code Section 243(e)(1)):

Domestic battery involves any willful and unlawful use of force or violence upon an intimate partner, spouse, cohabitant, or parent of your child. A conviction can result in penalties such as fines, probation, mandatory counseling, and restraining orders. It can also affect your criminal record and future employment prospects.

2. Corporal Injury to a Spouse or Cohabitant (Penal Code Section 273.5):

Corporal injury charges pertain to causing a traumatic condition or injury to a current or former spouse, cohabitant, or dating partner. Convictions may lead to imprisonment, fines, probation, and mandatory counseling. These charges can have significant consequences on immigration status and child custody arrangements.

3. Criminal Threats (Penal Code Section 422):

Criminal threats involve making explicit threats to kill or harm an intimate partner, which instills fear in the victim. Convictions may result in jail time, probation, and mandatory counseling. They can also impact your ability to own firearms and secure certain jobs.

4. Stalking (Penal Code Section 646.9):

Stalking charges involve a pattern of willful and malicious harassment, threats, or following another person with the intent to cause fear. Convictions can lead to restraining orders, probation, and consequences related to employment, housing, and firearms ownership.

5. Violation of Protective Orders (Penal Code Section 273.6):

Violating a restraining or protective order issued due to domestic violence allegations can lead to separate criminal charges. Convictions may result in penalties such as fines, probation, and jail time. Violations can also escalate the severity of the original domestic violence case.

6. Child Endangerment (Penal Code Section 273a):

Child endangerment charges can arise if a child is present during a domestic violence incident, even if they are not physically harmed. Convictions can lead to imprisonment, fines, child protective services involvement, and limitations on child custody and visitation.
Understanding the specific charges you face and their legal implications is crucial when dealing with domestic violence allegations. It’s important to consult with a knowledgeable criminal defense attorney who can assess your case, explain your rights, and develop an appropriate defense strategy tailored to the charges you are facing.

California domestic violence statistics

Police responded to 174,649 domestic violence calls in 2007, according to the California Department of Justice. Of those calls, 40 percent involved the use of weapons. Other statistics on domestic violence in California include:

  • There were 113 domestic violence fatalities in 2008.
  • These deaths accounted for 5 percent of the homicides in the state for that year.
  • Of the 113 who died from domestic violence, 99 of the victims — 88 percent — were females, while 14 were males — 12 percent.
  • The California Women’s Health Survey found that around 40 percent of women in the state suffer physical violence from an intimate partner at some point in their lives.

Types of domestic violence offenses

Under the California Penal Code, there are different types of domestic violence-related crimes. One of the most common is corporal injury to a spouse or cohabitant. You may be charged with this offense if you are accused of physically striking a spouse, intimate partner or cohabitant and if he or she has a visible — even minor — injury.

If you threaten your accuser, the prosecution may charge you with criminal threats as a crime of domestic violence — even if you do not physically touch the accuser. Other types of domestic violence crimes our L.A. firm has experience handling include:

  • Domestic battery
  • Child abuse
  • Child endangerment
  • Elder abuse

Penalties for domestic violence

If you are arrested for domestic violence, you could be charged with a misdemeanor or felony, depending on the circumstances. If the prosecution charges you with a misdemeanor such as domestic battery, you could face a year in county jail, $2,000 in fines and informal probation of three years. If on the other hand, you are charged with felony domestic abuse, you could receive two, three or four years in state prison.

Contact us for a solid domestic violence defense

Being accused of domestic violence turns your world upside down. At the Law Offices of Arash Hashemi, we defend clients in your situation on a regular basis. To speak to an attorney at our firm, call (310) 448-1529 or contact us contact us online. Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station.