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Domestic Violence FAQ

Table of Contents

Operating under the California Department of Justice, one of the Criminal Justice Statistics Center’s tasks is to collect and report statistical data that allow for valid assessments of crime and the criminal justice process in California. For the year 2014, the CJSC reported that over 39,000 domestic violence calls for assistance were made to law enforcement in Los Angeles County alone. While the number of reported incidents has declined in recent years, most experts agree that unreported acts of domestic violence far exceed those reported. If you or a loved one has been the victim or accused of domestic violence, it is important to understand the relevant law.

 

I’m not married, but I have a live-in girlfriend. We had a fight, she called the cops and I was arrested? Can I be convicted of domestic violence?

Initially, an experienced Los Angeles county criminal attorney can explain that domestic violence is not one specific charge but instead covers several different individual offenses under the Penal Code. But, yes, even if you’re not married, you can be accused and convicted. Most domestic violence related statutes apply to:

  • Spouses or former spouses
  • Current or former boyfriends or girlfriends
  • People to whom you are or have been engaged to
  • Family members
  • Children
  • Co-habitants

 

What if I never hit her?

Despite what many people believe, you don’t need to have inflicted physical harm upon another to be charged with a domestic violence offense; depending on the facts and circumstances, a slight touching in an unlawful manner may be sufficient to bring charges.

 

What if the alleged victim wants to drop the matter?

That may be so, but once the charges are filed, it is up to the District Attorney to decide whether to pursue the case. In many instances, even without the cooperation of the victim, there is other evidence that allows the prosecution to move forward.

 

I was charged with a felony when I was arrested; is that what I will face if the case proceeds to trial?

Not necessarily. Often, the police who respond to a domestic violence call will use even the slightest evidence of physical contact to find the probable cause needed for a felony arrest. If you retain a knowledgeable Los Angeles criminal attorney who investigates your case thoroughly, he or she may be able to convince the DA that the incident wasn’t too serious and reduce the charge to a misdemeanor, which can provide you with better options to resolve your case.

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