Los Angeles Criminal Defense Lawyer Blog

Celebrities have long been stalked by the paparazzi, had overanxious fans who want to meet them and inch closer to their houses. These high-profile people have long used restraining orders in Los Angeles to their advantage.

But these pieces of paper don't just help when a person feels they are being followed. Victims of domestic violence in Los Angeles can also make use of this process for protection.

In either situation, an experienced Los Angeles criminal defense lawyer should be consulted to help. While courts often encourage victims to go to court to get restraining orders, they require talking with a judge or hearing officer and convincing them to grant the order.

A temporary order is fairly easy to obtain, but making it permanent can be vastly more difficult. The temporary order only requires the victim to go to court and explain their side of the story before the judge grants an order. But once that is granted, the defendant gets a copy and is allowed to argue against a permanent order during a hearing.

This is when an attorney is really needed. Because restraining orders can be so disruptive -- one spouse may be forced to live outside of the home or not see their children -- and the defendant may have a lawyer in-tow. If the victim has no representation, it may be an uphill battle to obtain a permanent order.

As the New York Daily News is reporting, Halle Berry recently was denied a stay-away order to protect her daughter from her father after he allegedly pushed their nanny while she was carrying the girl. Berry's efforts to get the emergency order were denied, the man's lawyer said.

A follow-up hearing was scheduled, but in the meantime, the man will have access to the 3-year-old girl, the newspaper reports. The man is being investigated for criminal battery after the nanny filed a police report.

In a separate case, a Long Beach police officer was charged with domestic violence, the Los Angeles Times is reporting. The officer faces 21 counts in connection with five incidents of violence. Ten of the charges are for corporal injury to a spouse, nine are assault with a deadly weapon, making a criminal threat and resisting arrest.

The newspaper reports that the five incidents happened in October, November, December and twice in January. The 29-year-old has pleaded not guilty to the charges.

In either situation, a restraining order could be beneficial. For the domestic violence victim, having an order in place that tells the aggressor they can't be around is powerful because any violation can lead to them being arrested and put in jail. For a person who believes they are being stalked or harassed, the protection is the same.

And while it is only a piece of paper, it carries great weight because once filed with local law enforcement authorities, it carries great power. The threat of legal problems will likely scare off many people who would otherwise continue their illegal actions. For the rest, they will find themselves behind bars.

Continue reading "Domestic Violence, Stalking Issues in Los Angeles Can Be Rectified With a Restraining Order" »

A recent case out of Palm Springs has police accusing a 69-year-old woman of using scissors to attack her husband in an attempt to cut off his penis, the Los Angeles Times reports.

Perhaps the most memorable story Americans will recall from 1993 was the story of John and Lorena Bobbitt, a young couple from Virginia who were forever made famous when Lorena accused her husband of sexually assaulting her and later cutting off her husband's penis as he slept, drove away, and threw it out the window of her car. He was acquitted of the charges and she was found not guilty by reason of insanity.

In cases like this, or other violent crimes, a person can face assault charges in Los Angeles. These charges shouldn't be taken lightly because they can cause a person to be sent to prison for up to four years and fined $10,000 or more. In some cases, the charge could be upgraded to attempted murder. If the person dies, accidentally even due to blood loss or complications, the defendant could be looking at life in prison. It's a slippery slope.

As an experienced Los Angeles criminal defense lawyer knows, the news media attention brought from such a bizarre set of facts will permeate the case. This can be used to the defendant's advantage, depending on the skills of the lawyer.

Some attorneys believe they shouldn't say anything to the media because it will just bring more attention to the case. Others take the stance that the case will be in the news anyway, so why not try to get their defendant's opinion into the articles and TV broadcasts?

The big risk in big media cases is that every time a viewer or reader takes in facts of the case, they could be set up to be biased against the defendant. Every viewer or reader is a prospective juror. So the more the case is in the news, the more people know about it and the more they may not be able to listen to the facts during trial. That bias can definitely get in the way of the jurors as a whole as they deliberate a person's guilt or innocence.

This also makes jury selection so important. Weeding out jurors who may be anti-defense or who may not be able to put aside what they have learned about the case through media coverage is critical to ensure the defendant's rights.

According to this case, the woman is charged with mayhem, assault with a deadly weapon and felony domestic violence. The woman allegedly caused a non-life-threatening wound in the genital area of the man.

The couple -- who have been together for 32 years, according to police -- are still being investigated. At this point, detectives aren't sure what caused the wife to attack her husband, who is also 62.

Police say they have found scissors, what they described as poultry shears, that they plan on logging as evidence in the case.

Continue reading "Woman Accused of Scissor Attack on Husband's Penis in Los Angeles" »

In Los Angeles with so many resident celebrities, there are bound to be instances where obsessed fans try to get too close and invade the privacy of stars who are just trying to live as normal a life as possible.

In a recent case, Disney pop star Selena Gomez, 19, had to file for a Los Angeles restraining order against a person who was allegedly stalking her. And in some cases, the alleged stalking turns criminal, as is the case of a man accused of stalking actress Halle Berry, 45, recently. The suspect pleaded not guilty to felony charges.

But restraining orders aren't just for celebrities. In cases of domestic violence in Los Angeles, spouses or significant others may seek a search warrant in order to protect themselves from a person whom they fear.

On the opposite side are the people who have restraining orders filed against them. In Los Angeles, a person can file for a restraining order based solely on his or her word without any defense. A judge can issue a temporary restraining order until a hearing is held to determine if the order should be made permanent. That means that a person can be arrested if they violate a temporary restraining order even if they weren't able to show a judge the order shouldn't be in place. A violation can mean having contact with the person, attempting to harass them or coming to their home, work or school.

A Los Angeles criminal defense lawyer can assist in either situation. Whether a person feels they were victimized and require protection, or a person feels they have been wrongly accused, an attorney can help sort out the problems.

In Gomez's case, the Los Angeles Times is reporting that she obtained a restraining order against a 46-year-old man who she alleges made plans to kill her after a conversation he said he had with God.

The star of Disney's "Wizards of Waverly Place" told the court that the man visited her workplace at least three times. The man has been ordered to stay at least 100 yards away from her, her assistant and her parents.

The Los Angeles Police Department, according to court records, was taking the alleged murder plot seriously based on the man's actions, a mental illness and a history of stalking and criminal threats.

Actress Halle Berry has experienced stalkers as well. According to E! Online, a man accused of breaking into her home has pleaded not guilty to felony burglary and stalking charges. He now has a trial date set for December.

The man was arrested July 11 after Berry's security guards caught him on her Hollywood Hills property three times in three days. Police allege that he broke into her guest house and scaled a wall to spy on her, prompting her to obtain a restraining order. He is banned from coming within 500 yards of her house and her family and he can't contact them. He has been in custody since his arrest.

Continue reading "Selena Gomez, Halle Berry Understand Importance of Los Angeles Restraining Orders" »

Michael Lohan, father of pop star Lindsay Lohan, was arrested March 21st when he was involved in an altercation with his live-in girlfriend. Lohan is accused of physically assulting her and is charged with one misdemeanor count of corporal injury to a cohabitant, according to CNN Entertainment.

If you've been involved in a physical domestic dispute, a Los Angeles criminal defense attorney should be contacted immediately to protect your rights, your access to your home, family and your livelihood. Domestic violence convictions can have many consequences, including the inability to hold certain jobs, occupational licenses or to legally obtain a firearm.

Local authorities were called to the incident at roughly 9 p.m. to the 8500 block of Holloway Avenue. Lohan was later arrested a short distance from the West Hollywood sheriff's station. Deputies say they found him walking down the 8800 block of Santa Monica Boulevard. Lohan is currently facing a maximum sentence of one year in county jail if convicted, reports the Los Angeles Times.

Domestic violence claims are often executed on a he-said, she-said basis. There is almost no way to know for sure who did what to whom. False claims are often created during a divorce, during breakups and other relationship problems.

Falsified restraining orders can also have have detrimental consequences, causing an innocent parent to be prevented from returning home or visiting children. Domestic violence charges will also complicate divorces and child custody proceedings.

According to The National Father's Resource Center, falsified domestic violence claims are filed every day for a number of reasons:

-Teenagers have falsified abuse claims to try and retaliate against parents.

-Some children may make false allegations for attention.

-Parents may make false claims to get the upper hand in a custody battle.

- Young children may make false allegations in attempt to mimic the situations of friends or classmates may be in.

It is important to contact a domestic violence attorney immediately if you've been falsely accused of harassment in a domestic dispute.

Continue reading "Michael Lohan Facing Misdemeanor Charges of Domestic Violence in Los Angeles " »

A California Highway Patrol officer has been charged with murder in Los Angeles for fatally shooting her husband two years ago in what she claimed was an act of self defense, the L.A. Times reported.

Tomiekia Johnson, 31, of Compton, was arrested by deputies from the Los Angeles Sheriff's Office. She initially told detectives she shot her husband during an argument in which he became verbally and physically abusive. Prosecutors now allege she intentionally shot him. The two-year delay in bringing charges would suggest this case is anything but cut-and-dried. Hiring experienced and aggressive legal representation is Johnson's best bets for protecting her rights.

The Mercury News reports Johnson is being held on $2 million bail.

While charges do not get more serious than murder, it is equally important for law enforcement officers or members of the military to consult with an experienced Los Angeles defense lawyer when facing less serious charges, including DUI, domestic violence and weapons violations. Such charges may prevent an officer from carrying a gun and may even prevent a member of law enforcement or the military from continuing to work in his or her chosen profession.

The shooting occurred near midnight on a Saturday night in Compton. Johnson reportedly left the scene and reported the killing from her parent's home. She was off-duty at the time of the shooting and was not arrested. Homicide detectives reportedly gathered evidence that the victim was a peaceful man, while Johnson had a history of heavy drinking.

The Times reports that Johnson has been working in an administrative position with the patrol since the shooting occurred and was placed on unpaid administrative leave following her arrest.

Continue reading "CHP officer charged with murder in Los Angeles for domestic incident two years ago" »

The string of high-profile arrests for domestic violence in Los Angeles continues as L.A. Laker Matt Barnes was arrested last week on a domestic violence charge after a confrontation with his girlfriend, according to the USA Today.

Barnes allegedly told a reporter he was the victim and was arrested simply because he was the man in the argument.

Each year, about 40,000 defendants face a California domestic violence charge, or more than 100 people a day. An L.A. criminal defense attorney should be contacted immediately to protect your rights, your access to your home and family and your livelihood. More than many other types of crimes, a domestic violence conviction can have a wide range of consequences, including the inability to own a firearm and hold certain jobs or occupational licenses. Restraining orders can prevent you from returning home or visiting children. And a domestic violence charge will complicate divorce and child custody proceedings.

The Sacramento County Sheriff's Office reported responding to a call and finding Barnes' girlfriend had visible injuries as a result of a physical altercation. He is also accused of preventing her from making a 911 phone call.

Meanwhile, the USA Today reported that the domestic violence case against ESPN personality Jay Mariotti has been dropped. As we reported last month on our Los Angeles Criminal Defense Lawyer Blog, Mariotti was jailed on an undisclosed felony after police were called to his residence and found his girlfriend suffering from cuts and bruises.

He had reportedly exchanged harsh words with her at a Santa Monica club earlier in the evening. The Los Angeles County District Attorneys Office has declined to pursue felony charges. The case has not yet been reviewed by the city attorney for possible misdemeanor charges, according to the Beverly Hills Courier.

Under California law, a misdemeanor domestic violence charge is punishable by up to six month in jail, while a felony charge carries a penalty of up to 3 years in prison. Either conviction can also result in a year of domestic violence counseling, 40 hours of community service, fines, court costs and a no contact order with the victim.

Continue reading "High-profile domestic violence arrests in Los Angeles continue" »

Sportswriter and ESPN commentator Jay Mariotti was arrested over the weekend after what is being described as a "domestic incident" with his girlfriend, CBS News reported.

In the past decade, the zero-tolerance policy of law enforcement toward domestic violence, which grew out of the O.J. Simpson fiasco, has made it imperative to seek an aggressive defense lawyer when facing a Los Angeles domestic violence charge.

Each year, law enforcement receives more than 150,000 domestic violence complaints and makes nearly 50,000 arrests. Seeking a qualified L.A. domestic violence defense attorney is an important step to protecting your reputation. In many cases, job loss can result from a domestic violence conviction and restrictions on firearm's ownership and other fallout can have a drastic impact on your ability to work in certain professions, particularly law enforcement or the military.

Domestic violence allegations also often impact family law cases, such as divorce and child custody, making it ripe for abuse by vindictive spouses or former partners.

In this case, the Los Angeles Police Department reports the 51-year-old Mariotti was released from jail on $50,000 bond after being booked on an undisclosed felony charge. The Los Angeles Times reported he exchanged harsh words with his girlfriend at a Santa Monica club. The pair left the club but the argument apparently continued at their Venice apartment.

She was reportedly suffering from cuts and bruises when police arrived.

Continue reading "ESPN commentator arrested in Los Angeles after alleged domestic violence incident with girlfriend" »

Actor Mel Gibson could be charged with domestic violence in Los Angeles after authorities confirm they are investigating an alleged incident on Jan. 6, FOX News reported.

Gibson's ex-girlfriend alleges he punch her in the face repeatedly, causing a concussion and a broken tooth. Gibson has reportedly told the celebrity press that he was trying to get her to stop shaking the couple's 8-month-old baby.

This case illustrates the importance of seeking the advice of a Los Angles defense attorney experienced in handling domestic violence charges whenever allegations of physical abuse are made by a spouse. In this case, no real evidence could exist from an incident that occurred six months ago. Yet authorities say they are taking the case very seriously based on allegations made by a disgruntled former girlfriend in the midst of a breakup with a celebrity.

Domestic violence charges can also significantly impact the outcome of family law matters, including visitation and child custody. And restraining orders can prevent a defendant from seeing family or even returning home. Gibson and his former girlfriend are currently battling for custody of their child and have both filed dual restraining orders.

Those convicted of misdemeanor domestic violence in Los Angeles can face up to one year in jail. If the District Attorney's office upgrades the charges to a felony based on the extent of injuries to a victim, a defendant could face more serious assault charges and up to four years in prison.

This case also involves audio tapes of an alleged rant by Gibson. However, a defense lawyer will likely seek to prevent the tapes from being used as evidence because of California's two-party consent law, which requires both parties to agree to be recorded in most private situations.

Continue reading "Mel Gibson could face domestic violence charges in Los Angeles" »

R&B singer Chris Brown was sentenced to five years of probation and six months of physical labor for the domestic violence beating of then girlfriend Rihanna last February. Los Angeles Superior Court Judge Patricia Schnegg sternly warned the singer that he could do jail time if he violates the terms of his sentence. Brown was also ordered to attend domestic violence counseling for one year.

High profile domestic violence cases like Brown's shed a national spotlight on a growing problem. The latest federal National Crime Victimization Survey shows a 42% increase in domestic violence over the past two years. According to the American Institute on Domestic Violence, 90% of all domestic violence victims are female; and domestic violence is the leading cause of injury to women. Statistics compiled by the American Bar Association indicate that approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner each year. In 2000, 33% of female murder victims and 4% of male murder victims were killed during domestic violence disputes.

Layoffs, job loss, home foreclosures, loss of retirement savings and financial problems resulting from the recession appear to be fueling the nationwide increase in domestic violence. "Domestic violence covers a wide range of abuse, including spousal abuse and child endangerment," said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, domestic violence laws apply not only to married couples, but also to cohabiting couples, ex-spouses, unmarried parents of a child, dating couples and people with a former dating relationship.

California domestic violence laws are complex and highly specialized. "Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws," warns criminal defense attorney Rodriguez. In Los Angeles, a domestic violence charge demands skilled representation by a criminal defense attorney experienced in domestic violence litigation.

In cases of domestic violence and disagreement, one party can obtain a restraining order against the other. Restraining orders prevent contact between the parties, whether in person, by phone, via the internet or through a third party. Not only can a restraining order prevent you from seeing or speaking to your spouse, it can prevent you from seeing or contacting your children. You can be prohibited from calling, texting or emailing your children, sending cards or letters, even sending birthday presents. A restraining order can prohibit you from returning to your home and force you to stay away from places where your spouse or children are present, such as schools, churches, family members' homes, workplaces, even local groceries and stores. If you are served with a restraining order, you can be forced to surrender your guns and weapons to police officers and, if the order is made permanent, can be prohibited from owning or purchasing guns in the future. Being served with a restraining order can seriously impact your relationships with your spouse, children, family, friends and lifestyle.

If you are served with a restraining order, you need to understand the process (see our July 20 post). If a restraining order is obtained against you, court officers will serve you personally. By law, you will not be allowed to contact the person who obtained the order. You may be asked to surrender any guns or other weapons you own. A court hearing will be scheduled within one to five days at which you must appear. At the hearing, both parties will have an opportunity to present their case. The judge can decide to void the restraining order, change its terms or make it permanent for one to three years. If the order is made permanent, you may not be allowed to contact your spouse or children in any way while the order is in effect. You will not be allowed to own or purchase fire arms or other weapons. When the restraining order expires, your spouse can go back to court and have it renewed.

The stakes are high. If you do not protect yourself when you are served with a restraining order, the consequences can be life-changing. While you can choose to defend yourself in a restraining order hearing, you place yourself and your freedom at considerable risk if you do not have the expert advice of an experienced criminal defense attorney. If you are served with a restraining order, contact expert criminal defense lawyer Stephen Rodriguez immediately to protect yourself and your rights. Fluent Spanish spoken.

Restraining orders are court orders signed by a judge that prohibit one person from contacting, annoying or harassing another. There are two legal sides to restraining orders: people who need restraining orders to protect themselves or their families from threat and abuse, and people who are served with restraining orders and must defend themselves. Today, we'll focus on how to file a restraining order to keep yourself safe. On Wednesday, we'll discuss what to do if you are served with a restraining order.

California law offers four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez, who helps clients on both sides of restraining order law.

• Emergency Protective Order (EPO). Issued by law enforcement officers to protect domestic violence victims, EPOs are valid for 5 days, providing temporary protection while victims seek permanent measures.


• Domestic Violence Temporary Restraining Order (TRO or DVRO). Victims of domestic violence can obtain a TRO valid for 3 weeks pending a court hearing during which both parties present their grievances to a judge who can dismiss the order or make it permanent for 1 to 3 years.


• Criminal Protective Order ("No Contact" order). Obtained through the District Attorney's office, this criminal restraining order prevents contact of any kind between the parties and is issued in active criminal domestic violence cases.


• Civil Harassment Restraining Order (CHO). CHOs are used to stop harassment between neighbors, roommates and co-workers.

Filing a restraining order stops abuse and harassment and puts the court on the victim's side. Restraining orders prevent contact of any kind, whether in person, via phone or the Internet or through a third party. They can prevent your child from being removed from a violent home and prevent the abuser from owning weapons. If an abuser attempts to violate a restraining order, the police can take him to jail.

You do not need an attorney to file a restraining order, but representing yourself puts you at a serious disadvantage, particularly if the other party has expert legal representation, warns expert Los Angeles attorney Stephen Rodriguez. An experienced criminal defense attorney knows the law and can help you obtain the result you need to feel safe and secure. He will make sure that all proper documents are filed on time, walk you through the process and explain how to handle the judge's questions so you are confident and prepared in court, and provide expertise and support through every step of the legal process. If you need help filing a restraining order, contact Stephen Rodriquez today. Fluent Spanish spoken.

Next time: What to do if you are served with a restraining order

-Legal Pro

Stalkers deal in fear. Their obsessive harassment of celebrities regularly makes the news. Earlier this year, Georgia resident Brady Green was convicted of stalking, harassment, criminal trespass and attempted aggravated harassment for hounding supermodel Tyra Banks. Dawne Wilson was convicted of felony aggravated stalking and sentenced to jail for sending murderous email messages to actor Tyler Perry. Overzealous fans and paparazzi regularly cross the line from acceptable fandom to frighteningly aggressive behavior in their pursuit of celebrities. But stalking is not limited to the famous. Celebrities may get the press, but the majority of stalking victims are ordinary citizens. Jealous ex-boyfriends stalk their former girlfriends, ex-husbands stalk their former wives, sexual predators stalk school children. From 75% to 80% of all stalking cases involve a male stalking a female and are often connected to domestic violence cases. Too often, stalking leads to more aggressive and more frightening behavior, including assault, battery, even murder.

In 1990, California was the first state to enact anti-stalking laws after obsessed fan Theresa Saldana stabbed to death TV star Rebecca Schaffer. Stalking laws protect against not only celebrity stalking, but cyber stalking, workplace stalking and any stalking behavior or harassment that puts the victim in fear of his or her safety, explained expert Los Angeles criminal defense attorney Stephen Rodriguez. Stalking "is a series of unwanted actions or conduct that puts a person in fear for their safety."

Cyber stalking on the Internet is of growing concern in Los Angeles County, said attorney Rodriguez. "Cyber stalking takes on many forms such as sending email to the victim, impersonating the victim in char rooms and email messages, and spreading untruths in a chat room," Rodriguez explained. "The Internet is a very efficient and inexpensive way for cyber stalkers to intimidate, terrorize and harm their victims while at the same time remaining anonymous." Incidents of cyber stalking in Los Angeles have become so numerous that special law enforcement units called Stalking and Threat Assessment Teams (STAT) have been created to aggressively investigate and prosecute cyber stalking.

Stalking can be charged as either a misdemeanor or felony depending on the presence of aggravating factors, the defendant's record and whether he is a repeat offender. If convicted of a felony, stalkers can be sentenced to up to five years in state prison. Stalking is a serious crime that requires serious defense. If you are accused of stalking, contact Los Angeles criminal defense attorney Stephen Rodriguez today for a free and private consultation.

Home invasion, robbery, kidnapping -- the horrific story playing out in San Bernardino, California, 60 miles east of Los Angeles, has authorities asking the public for help. Between San Bernardino County and the FBI, a $50,000 reward is now being offered for information in the violent kidnapping of 3-year-old Briant Rodriguez.

Armed Hispanic gunmen kidnapped the boy during a 20-minute armed invasion of the Rodriguez home in which they ransacked the house, stole money and property, and terrorized Briant, four of his siblings and the children's mother, Maria Millan. The gunmen tied up Millan and the other children before taking Briant away. His mother said the gunmen threatened to kill her son, but no ransom demands have yet been received. No motive is known for the kidnapping, although police are exploring a potential tie to Mexican organized crime.

Violent kidnappings like that of the Rodriguez child are rare, law enforcement officers report. Most kidnappings involving children stem from divorce and child custody issues. "Every year over 200,000 children are taken by a family member, usually a parent without legal custody," said expert Los Angeles criminal defense attorney Stephen Rodriguez (no relation to the kidnapped boy). Called parental kidnapping, taking your child in violation of custody orders is a serious crime in California. "Any person who does not have the right to custody and maliciously takes or conceals any minor child with the intent to detain or conceal the child from a person having legal custody, if convicted, could spend time in jail and even state prison," Rodriguez warns.

In the state of California, kidnapping of minors under the age of 14 is punishable by up to 11 years in state prison. When kidnapping is committed for ransom or robbery, it is called aggravated kidnapping and is punishable by life in prison without the possibility of parole. If the victim suffers bodily harm or is killed, the perpetrators will spend the rest of their lives in prison without any chance of parole. Because kidnapping is a Three Strikes crime in California, felony conviction can result in onerous doubled and life sentences.

If you are charged with parental kidnapping, it is critical that you immediately contact an experienced criminal defense lawyer to protect your rights. Many defenses are possible, including consent and lack of intent. The experienced criminal defense attorneys at Rodriguez, Lewis & Kahn can advise you of your rights and prepare an aggressive defense to protect them.

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.

Since her sister's tragic death on June 12, 1994, Denise Brown has devoted her professional life to fighting domestic violence in California and across the U.S. The savage murder of Nicole Brown Simpson and her friend Ronald Goldman at Nicole's suburban Los Angeles home 15 years ago, the highly publicized murder trial of Nicole's husband, former football star and actor O.J. Simpson, and his subsequent acquittal led Brown to organize a foundation dedicated to ending domestic violence that bears her sister's name, the Nicole Brown Foundation.

Today, Brown regularly leaves the foundation's California headquarters to cross the country on behalf of her mission to halt domestic violence. On the eve of a recent address to the nonprofit Columbus (OH) Coalition Against Family Violence, Brown told Columbus Dispatch reporter Jeffry Sheban that the family's resolve to fight domestic violence stemmed from accounts of physical abuse the family found in her sister's diaries after Nicole's murder. "... we found her notes and diaries describing physical attacks," she told Sheban in a telephone interview published April 28, 2009. "My mother and I went to a women's shelter here in Laguna Beach and asked all the 'why' questions: Why didn't we know, and why didn't she tell us?"

The problem is typical in domestic abuse cases, law enforcement authorities say. Intimidation, fear and embarrassment often prevent domestic abuse victims from seeking help, even from their own families. Brown said she and her family were unaware of the cycle of violence that permeated her sister's life. "There are three things that I've learned from victims," she told the Dispatch, "hope, shame and fear -- hope that it will get better; shame of not wanting others to know; and fear in not knowing what to do, especially if there are children involved." Brown said four women die from domestic violence every day.

Problems caused by economic stress have increased incidents of domestic violence across the U.S., Brown told the Dispatch. "Right now, because of our economic times, we're seeing that domestic violence is increasing because people are losing their jobs and homes, and can't pay their bills. Violence escalates because it's somebody's fault. Suicide rates have increased as well." Brown encourages all victims of domestic violence to speak up and seek help. "I don't want a tragedy like outs to happen to another family," she said.

Friday: What happens to domestic violence abusers in California?