Though there is better access to domestic violence shelters, domestic violence cases continue to be on the rise. Domestic violence crimes can be charged and punished depending on many factors relating to the crime committed.
This could be the nature of the relationship between the abused and the abuser, the location of arrest, or even the history of the accused. You may be acting in self-defense, or your spouse may have prompted you to act violently.
If you have been charged with domestic violence because you inflicted injury to your spouse or your girlfriend, you can consider looking for a defense lawyer to help you determine whether you will be charged for a felony or misdemeanor.
But this will depend on the extent of the injuries you have caused. The court may even be forced to impose more charged if you severely injured the abused party. Your lawyer will also provide the necessary information for the court process.
Domestic violence is considered to be a serious crime for those who are charged with criminal cases. If you are arrested because of domestic violence, you may be convicted to ensure you’re punished accordingly. However, this doesn’t
guarantee compensation for any injuries suffered or any expenses spent on treatment.
It’s good to have an understanding of what happens if you’re reported to have committed a domestic violence crime. Immediately you’re aware of this, you should the top domestic violence attorney in Los Angeles to give you advice on what to do.
Immediately after the law enforcement officer is alerted, they perform the below tasks:
The police will prepare a complete crime report that contains the domestic violence incident of which the copy is forwarded to the district attorney for the necessary action. You will have a right to receive the copy of the report
within 48 hours of the occurrence of the incident or within five days for a full report.
The law enforcement officers will conduct an arrest after observing the injuries suffered by the abused person. If both parties have injuries, the police will identify the primary aggressor.
The police will interrogate you on any presence of firearms in your home and take them away. This can be more serious if you have a domestic violence restraining order.
Your full history will be taken as to whether you have previous domestic violence history as well as taking photos of the scene and interviewing any witnesses.
After you have been arrested, you will be arraigned and allegations will be issued. Your lawyer will help you to enter into a plea of guilty or not guilty and advise you on the steps to take on the proceedings.
The police may arrive at the scene of the incident and find blames from you and your partner. They should determine who has the most injuries and whether any of you have ever threatened to cause harm to the other.
They will also check whether there was a prior case and who acted defensively to protect himself/herself. It will be even worse to be in possession of firearms. In case you were issued with a restraining order, you need to have the self-control to ensure you don’t contact the victim.
This is to ensure you don’t risk being jailed. If the defendant wants their personal belongings, it’s better to call the police and request them to stand by as they get their possessions.
The defendant may have other hidden agendas to force you to commit another violent crime. The reason being there may arise issues on what belongs to who can lead to domestic violence.
Domestic violence in California can lead to a hefty fine or a jail term and other relevant punishments. Yet, still, you may be issued with a protective order that will restrain you from getting into contact with your spouse.
Again you may lose your Second Amendment rights entirely. You will have the hardest time ever and eventually face tough law consequences, and so, you shouldn’t try to walk over the court proceedings alone. Taking a step back, you may be facing a tough moment with your former spouse that led to domestic violence. He/she may have decided to use a tit-for-tat strategy to make you suffer by just a phone call. She may call the police and claim that you have beaten her.
No one may believe you in court, but your domestic violence lawyer will. That’s why it’s necessary to contact an experienced lawyer who can present you in your criminal case and look for the best strategies to help you win.
If you have been subjected to a protective order, it’s vital to maintain a distance from those who have been protected. If you violated the order from the court, new charges might apply.
James Dean is an expert in writing on different subjects.