Los Angeles Domestic Violence Lawyer
Domestic violence accusations in Los Angeles can have serious and lasting consequences. Even if the allegations are false or exaggerated, you could face immediate arrest, restraining orders, and criminal charges that put your freedom, reputation, and future at risk. A conviction may result in jail time, heavy fines, loss of gun rights, and a permanent criminal record, making it crucial to have a strong defense from the very start.
With over 20 years of experience, Los Angeles defense attorney Arash Hashemi provides strategic and aggressive defense tailored to the unique circumstances of each case. He understands California’s domestic violence laws and has successfully defended clients against accusations ranging from spousal abuse and child endangerment to elder abuse and restraining order violations. His meticulous approach involves reviewing every piece of evidence, identifying weaknesses in the prosecution’s case, and ensuring that your side of the story is heard and fairly represented in court.
If you have been accused of domestic violence, you need an experienced criminal defense lawyer to fight for you. The legal system moves quickly, and waiting to act can put you at a disadvantage. Call The Law Offices of Arash Hashemi today at (310) 448-1520 for a free, confidential consultation.
Understanding Domestic Violence Laws in California
Domestic violence charges in California are broad and complex, often catching people off guard. Many assume that only physical violence qualifies, but under state law, domestic violence can also include verbal threats, emotional abuse, harassment, and even text messages. A heated argument, a push, or an accusation from a partner can lead to an arrest, criminal charges, and life-changing consequences—even if no physical harm occurred.
California law defines domestic violence as abuse against a spouse, ex-spouse, partner, cohabitant, or the parent of your child. The most common charges include:
- Corporal Injury to a Spouse or Cohabitant (Penal Code 273.5) – A felony offense involving any physical injury, no matter how minor.
- Domestic Battery (Penal Code 243(e)(1)) – A misdemeanor that doesn’t require visible injury—simply touching someone in an offensive or harmful way can lead to charges.
Beyond these, accusations of child abuse, elder abuse, and restraining order violations can also be classified as domestic violence, leading to jail time, fines, and a permanent criminal record. These cases move quickly, and the prosecution aggressively pursues convictions, even when the alleged victim does not want to press charges.
If you are facing domestic violence charges, you need an experienced domestic violence lawyer who knows how to navigate these laws and protect your rights. Learn more about the specific charges below:
What to Expect After a Domestic Violence Arrest
Arrest & Booking
When law enforcement responds to a domestic violence call, officers are required to make an arrest if they believe any form of abuse occurred. This often happens without a full investigation, meaning you can be taken into custody based on a single accusation. Once arrested, you will be booked, fingerprinted, and photographed, and your personal information will be entered into the system.
Arraignment & Bail Hearings
After an arrest, you will attend an arraignment, where the charges against you will be formally presented, and you will enter a plea. If bail is required for your release, a bail hearing will be held to determine the amount. In some cases, the court may deny bail, requiring you to remain in custody. A domestic violence lawyer can argue for reasonable bail terms or alternative release options to minimize time spent in jail.
Pretrial Proceedings & Evidence Gathering
During the pretrial phase, both the prosecution and defense gather evidence, including police reports, witness statements, medical records, and text messages. Your attorney will review all evidence against you, looking for weaknesses in the prosecution’s case. Pretrial motions, such as motions to suppress unlawfully obtained evidence, may be filed to challenge certain aspects of the case and improve your chances of a favorable outcome.
Trial Process & Sentencing in Domestic Violence Cases
If your case goes to trial, both sides will present their arguments, question witnesses, and introduce evidence. The prosecution must prove beyond a reasonable doubt that domestic violence occurred. A skilled domestic violence lawyer will challenge inconsistencies in the accuser’s statements, cross-examine witnesses, and present evidence supporting your defense. If convicted, sentencing will follow, potentially resulting in jail time, fines, probation, mandatory counseling, or restraining orders. In some cases, your attorney may negotiate reduced charges or alternative sentencing optionsto avoid the most severe penalties.
Penalties & Consequences of a Domestic Violence Conviction
Criminal Penalties
A domestic violence conviction in California can lead to serious legal consequences, including jail time, fines, and probation. Misdemeanor domestic violence charges, such as domestic battery (PC 243(e)(1)), can result in up to one year in county jail, while felony charges, like corporal injury to a spouse (PC 273.5), can carry a sentence of two to four years in state prison. In addition to incarceration, defendants may face hefty fines, mandatory counseling, and probation.
How Restraining Orders and Custody Battles Affect Domestic Violence Cases
In many domestic violence cases, a judge may issue a restraining order that can force you to move out of your home, prevent you from contacting the accuser, and restrict your ability to see your children. If you are involved in a custody dispute, a domestic violence conviction can severely impact parental rights, potentially leading to supervised visitation or loss of custody.
How a Domestic Violence Conviction Can Impact Your Gun Rights
Under both California and federal law, anyone convicted of a domestic violence offense permanently loses the right to own, possess, or purchase firearms. Even a misdemeanor conviction can trigger this restriction, and violating it can result in additional felony charges and prison time.
Long-Term Impact on Employment & Future Opportunities
A domestic violence conviction creates a permanent criminal record, which can have far-reaching effects on employment, housing, and professional licensing. Many employers conduct background checks, and a conviction can make it difficult to secure a job, particularly in fields requiring security clearances, professional licenses, or public trust. Additionally, landlords may deny housing applications based on a criminal record for domestic violence.
Defenses to Domestic Violence Allegations in California
False accusations are a frequent issue in domestic violence cases. Many allegations stem from jealousy, revenge, or disputes over child custody or divorce proceedings. If you have been falsely accused, we can gather evidence to challenge the claims, such as text messages, emails, witness testimony, or inconsistencies in the accuser’s statements.Demonstrating that the accusations were made for personal gain or out of anger can be a strong defense.
Self-defense is a valid defense in domestic violence cases. If you acted to protect yourself from immediate harm, we can argue this in your defense. Our legal team gathers evidence to support a self-defense claim, including witness statements, medical reports, and prior threats from the accuser. We work to demonstrate that your actions were a necessary response to a threat rather than an act of violence.
Lack of evidence can weaken the prosecution’s case. Domestic violence charges often rely on one person’s word against another, without physical evidence to support the claims. If there are no visible injuries, conflicting witness statements, or missing medical reports, we can argue that there is insufficient proof to support a conviction. Highlighting inconsistencies and gaps in the prosecution’s case can be an effective defense strategy.
No intent or accidental contact may also serve as a defense. In some situations, an argument may escalate, but physical contact was accidental rather than intentional. For example, a person may have brushed against or pushed someone away without intending harm. If there was no intent to commit violence, we can present evidence to challenge the charges.
Police misconduct or rights violations can result in an unfair arrest. Law enforcement must conduct a fair and thorough investigation before making an arrest. If the police failed to interview all witnesses, ignored crucial evidence, or violated your constitutional rights, we can challenge the legality of the arrest. Any unlawful searches, improper questioning, or failure to read your Miranda rights could result in the dismissal of your charges.
Each domestic violence case is unique, and the right defense strategy depends on the specific circumstances. Our domestic violence lawyer will analyze every detail of your case to develop the strongest possible defense, ensuring that your rights are protected throughout the legal process.
How We Defend You: Our Approach to Domestic Violence Cases
During your initial consultation, our domestic violence lawyer will assess your case in detail, reviewing the charges, police reports, and any available evidence. We take the time to listen to your side of the story, ensuring that every relevant fact is considered. This first step is critical in developing a defense strategy tailored to your case. Attorney Hashemi understands the serious nature of domestic violence allegations and the impact they can have on your life. Everything discussed remains strictly confidential. We handle these cases with professionalism and discretion, making sure you feel informed and supported throughout the legal process. Clear and direct communication is a priority. We will keep you updated on the progress of your case, explain your legal options, and provide straightforward guidance on what to expect at each stage. If you have questions or concerns, we will be available to address them.
Contact a Los Angeles Domestic Violence Attorney to Protect Your Rights
If you are facing domestic violence charges in Los Angeles, time is critical. A conviction can result in jail time, fines, restraining orders, loss of gun rights, and a permanent criminal record—impacting your career, family, and future. Even if the accusations are false or exaggerated, prosecutors aggressively pursue domestic violence cases, often moving forward even if the accuser wants to drop the charges. Without the right legal defense, you risk severe penalties that can affect your life for years to come.
At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against domestic battery, corporal injury to a spouse, restraining order violations, and related charges. As a Los Angeles domestic violence attorney, Attorney Hashemi will personally review your case, challenge weak evidence, and develop a legal strategy to protect your rights. Whether that means getting the charges dismissed, negotiating reduced penalties, or fighting for you in court, we are prepared to stand by your side.
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