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Los Angeles Domestic Violence and Restraining Orders Lawyer

A conviction for a domestic violence charge in Los Angeles can result in severe penalties, including the issuance of a restraining order and the inability to contact your loved ones (including your children). If you are currently facing a domestic violence charge, it’s essential that you seek out skilled legal representation right away.

The Los Angeles attorneys at Rodriguez Law Group can work vigorously to protect your rights and defend you against your charge.

For a free case evaluation and legal consultation with a skilled Los Angeles domestic violence and restraining order lawyer, please call (213) 995-6767 or contact us online.

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Why Should We Represent You?

Domestic violence charges and restraining orders are extremely serious, and a conviction for a crime of domestic violence may subject you to severe penalties, including fines and jail time. At Rodriguez Law Group, we understand how the government prosecutes domestic violence offenses. This is because several of our attorneys formerly worked as prosecutors. Our team can review your case from every angle and work to defend you against your charge.

Our lawyers have a strong track record of success when it comes to representing individuals accused of domestic violence crimes. You can read some of our most recent client reviews here.

Our Downtown Los Angeles office is conveniently located at 626 Wilshire Boulevard, Suite 460, Los Angeles, CA 90017. Let us help secure the best possible result in your criminal case.

Successfully Defending Against a Los Angeles Domestic Violence Charge

Facing a domestic violence charge in Los Angeles is serious, but there are several legal defenses you can assert.

• One common defense is self-defense. If you were protecting yourself from harm, you may not be held responsible for your actions. For this defense to work, you must show that you believed you were in immediate danger and used a reasonable amount of force to protect yourself. Evidence like injuries, witness statements, or even your testimony can support this defense.
• Another possible legal defense to domestic violence is the defense of others. Similar to self-defense, this applies if you were protecting someone else, such as a child or another family member, from being harmed. You will need to prove that you acted because you believed the person was in immediate danger.
• Lack of intent is also a potential defense. Domestic violence charges often require proof that you intended to cause harm. If the incident was an accident, you can argue that you did not have the intent to hurt anyone. For example, if a physical altercation occurred but you did not mean to strike or injure the other person, this can be a valid defense.
• False allegations are another defense to consider. Sometimes, people make false accusations out of anger, jealousy, or revenge. If you believe the charges against you are false, our attorneys can gather evidence to argue that the accusations are fabricated. It may include text messages, emails, or witness statements that show inconsistencies in the accuser’s story.
• Insufficient evidence is another defense that challenges the prosecution’s case. In criminal cases, the prosecution must prove your guilt beyond a reasonable doubt. If there is not enough evidence to support the charges against you, we may argue that the case should be dismissed. It can involve questioning the reliability of witnesses or the authenticity of physical evidence.
• Lastly, you may use the defense of consent. If the alleged victim consented to the actions that led to the charges, you can argue that no crime was committed. This defense is less common but can be applicable in certain situations.

At Rodriguez Law Group, we can help determine the best defense strategy for your case.

What Does a Prosecutor Need to Prove in a Los Angeles Domestic Violence Case?

For a Los Angeles prosecutor to obtain a conviction against you for a domestic violence charge, they must prove several vital elements beyond a reasonable doubt.

• First, the prosecutor must establish that you and the alleged victim share a certain type of relationship. Under California law, domestic violence charges typically apply if the alleged victim is your spouse, former spouse, cohabitant, former cohabitant, dating partner, former dating partner, or someone with whom you have a child. This relationship status is crucial because it distinguishes domestic violence from other forms of assault.
• Second, the prosecutor needs to prove that you intentionally or recklessly caused or attempted to cause bodily harm to the alleged victim. It means they must show that your actions were deliberate and not accidental. For example, if you hit, pushed, or otherwise physically harmed the other person, the prosecutor will use evidence like medical records, photographs of injuries, and witness testimony to try and demonstrate this harm.
• Third, the prosecutor must demonstrate that the harm or threat of harm resulting from your actions was unlawful. It means that your actions were not justified or excusable under the law. For instance, if you claim self-defense, the prosecutor must prove that your use of force was not reasonable or necessary under the circumstances.
• Additionally, the prosecutor may need to show that the alleged victim suffered a traumatic condition, which is defined as a wound or injury resulting from the application of physical force. It can include visible injuries like bruises, cuts, or broken bones, as well as less visible injuries like internal damage or psychological trauma.

Prosecutors will often rely on various forms of evidence to build their case. It can include physical evidence like weapons, clothing, or household objects used during the alleged incident. They may also use testimonies from the alleged victim, eyewitnesses, police officers, and medical professionals. In some cases, prosecutors will present 9-1-1 call recordings or text messages to support their claims.

At Rodriguez Law Group, we can prepare an effective and aggressive defense strategy for your domestic violence case.

Potential Legal Penalties and Collateral Consequences upon Conviction of a Los Angeles Domestic Violence Charge

If convicted of a domestic violence charge in Los Angeles, you can face severe legal penalties and collateral consequences. These consequences may have a lasting effect on various aspects of your life.

• First, you may face jail time. The length of your sentence will depend upon factors such as the severity of the offense, your criminal history, and whether aggravating factors are present. In California, domestic violence convictions can result in misdemeanor or felony charges, with corresponding penalties ranging from probation and community service to several years in prison.
• In addition to incarceration, you may be required to pay fines and restitution to the alleged victim. Fines for domestic violence convictions in California can range from hundreds to thousands of dollars, depending on the specific circumstances of the case. Restitution may be ordered to compensate the victim for medical expenses, counseling costs, and other related damages.
• Furthermore, you may be subject to court-ordered counseling or anger management classes. These programs are designed to address the underlying issues that contribute to domestic violence and to prevent future offenses. Failing to comply with these requirements can result in additional penalties, including probation violations and extended court supervision.
• A domestic violence conviction can also have collateral consequences beyond the criminal justice system. For example, you may lose certain civil liberties, such as the right to own or possess firearms. Under federal law, individuals convicted of misdemeanor domestic violence offenses are prohibited from possessing firearms or ammunition.
• Moreover, a domestic violence conviction can harm your reputation and future opportunities. It will appear on your criminal record, which is accessible to employers, landlords, and others conducting background checks. It can make securing future employment, housing, or professional licenses difficult.
• Additionally, if you are a non-citizen, a domestic violence conviction can have severe immigration consequences. Depending on the circumstances, it may result in deportation, inadmissibility, or other immigration penalties.

It’s essential to take these potential consequences seriously and to seek the guidance of an experienced attorney at Rodriguez Law Group to defend you against your charges.

Restraining Orders and How to Fight Them in Los Angeles

A domestic violence restraining order in Los Angeles is a court order that aims to protect someone who has allegedly been a victim of domestic violence. It prohibits the alleged abuser from contacting or coming near the victim, their home, workplace, or children. These orders can also include other provisions, such as requiring the alleged abuser to move out of the shared residence, surrender firearms, or pay child support.

If you have been served with a domestic violence restraining order, there are steps you can take to fight it. First, it’s essential to understand the legal process and your rights. You can contest the restraining order and present your story in court.

One way to fight a domestic violence restraining order is to challenge the allegations made against you. It can involve providing evidence or witness testimony to show the accusations are false or exaggerated. For example, if the alleged incident did not occur as described or if there is evidence that the alleged victim has a history of making false accusations, this information can be presented in court to challenge the validity of the restraining order.

Another strategy is to demonstrate that the alleged victim does not meet the legal requirements for obtaining a restraining order. In California, a person can petition for a domestic violence restraining order if they have a close relationship with the alleged abuser, such as being married, cohabiting, or having a child together. If you show that the alleged victim does not meet these criteria, the court may deny or modify the restraining order.

Additionally, you can argue that the restraining order is unnecessary or overly restrictive. It may involve presenting evidence that you pose no threat to the alleged victim or that less restrictive measures, such as mediation or counseling, would be more appropriate.

At Rodriguez Law Group, our experienced Los Angeles domestic violence and restraining order lawyers can help you navigate the legal process and defend your rights effectively.

Steps to Take after a Domestic Violence Arrest in Los Angeles

After being arrested on a domestic violence charge in Los Angeles, it’s crucial to take several necessary steps to protect your rights and build a strong defense:

• Exercise Your Right to Remain Silent – You have the right to remain silent and avoid self-incrimination. Refrain from speaking to the police or providing any statements until you have consulted with one of our experienced attorneys.
• Gather Evidence – Collect any evidence that may support your defense, such as witness statements, photographs of injuries or property damage, and any relevant documentation, such as text messages or emails, and forward that documentation to us.
• Document Everything – Keep detailed records of the events leading up to and following your arrest. Write down any relevant information, including dates, times, locations, and the names of individuals involved.
• Attend All Court Hearings – It is essential to attend all scheduled court hearings and follow any court orders or instructions. Failing to appear in court can result in additional legal consequences. We can attend all in-court legal proceedings at Rodriguez Law Group with you.
• Follow Bail Conditions – If you are released on bail, comply with all court conditions. These may include avoiding contact with the alleged victim and refraining from possessing firearms or weapons.
• Focus on Your Defense – Work closely with us to build a strong defense strategy.

By taking these critical steps, you can protect your rights, defend against the charges, and work towards a favorable resolution of your Los Angeles domestic violence case.

Call an Experienced Los Angeles Domestic Violence and Restraining Order Lawyer Today

If you have recently been charged with a domestic violence offense in Los Angeles, it’s crucial that you have experienced legal representation on your side right away. The knowledgeable lawyers at Rodriguez Law Group can handle every step of your domestic violence case for you and pursue the best possible result on your behalf.

For a free case evaluation and legal consultation with a criminal defense law firm in Los Angeles, please call (213) 995-6767 or contact us online.