Domestic Violence - What Happens to Abusers in California?


May 1, 2009
By Stephen G. Rodriguez, Attorney at Law on May 1, 2009 10:15 AM |

Since the tragic death of her sister, Nicole Brown Simpson, wife of former football star and actor O.J. Simpson, Denise Brown has devoted her career to fighting domestic violence (see our April 29 post). As in the case of her sister, Brown says that domestic violence usually happens behind closed doors. Victims ravaged by shame and fear rarely even confide in their friends or family. Increased financial strain and job loss due to the current economic crisis have increased reports of domestic violence in California.

"Violence directed at loves ones is against the law," warns expert Los Angeles criminal defense attorney Stephen Rodriquez. "Being married, divorced, or dating someone does not entitle you to hit, threaten, or abuse those at home. In California, this type of violence/abuse is considered domestic violence and can be charged as either a felony or misdemeanor, depending on the extent of the violence and type of injury," explains the experienced criminal defense lawyer.

In California, Rodriguez explains, domestic violence cases are handled differently than other criminal cases. Specially designated prosecutors and Domestic Violence Units aggressively prosecute those charged. Charges can be difficult to impossible to drop, even with the victim's consent. Once the state becomes involved in a domestic violence case, it has the ability to step in on behalf of the victim, including children, and prosecute the offender independently of the victim's efforts or desires. Besides acts of physical assault and abuse, domestic violence can include threats, intimidation, harassing phone calls, stalking, sexual abuse, verbal abuse, financial abuse, social abuse and child abuse. For a full list of possible domestic violence charges, visit the website of Stephen G. Rodriquez & Associates.

The seriousness of each case, prior incidents and injuries determine whether a domestic violence case is prosecuted as a misdemeanor or felony. Misdemeanor conviction can require a short jail sentence, counseling, community service or physical labor, fines and court orders restricting contact. Felony conviction carries similar but more onerous sentences and can increase jail time to 3 months to 3 years in a state prison.

Because California law regarding domestic violence is so complex and highly specialized, it is important to contact an experienced Los Angeles criminal defense attorney immediately if you are charged with domestic violence. The expert criminal defense attorneys at the law offices of Rodriguez, Lewis & Kahn can help victims file Protective Orders if they feel they are in danger and can also represent defendants charged with domestic violence violations. Call today for expert advice about your domestic violence case.