Domestic Violence:
Jail Time, Exclusion From Home, and a Criminal Record

Los Angeles Domestic Violence Attorney Nalchadjian has handled hundreds of Domestic Violence cases in the Los Angeles Courts with outstanding results.

If you are Arrested or facing Domestic Violence Charges in Los Angeles, you are facing jail time, exclusion from your home, and a criminal record. Trying to handle your situation without an experienced Domestic Violence Defense Attorney is like running into traffic with your eyes closed.

Jail Time

Most courts will seek 30 days minimum of county jail time even on a first offense domestic violence case, some will request 60 or 90.    If you are charged with a Domestic Violence case that is filed as a felony, you can face a prison sentence of 16 months, 2 years or 3 years.   Because of the offense involved, most courts will not allow for house arrest.

The key to avoiding jail is to secure an experienced Los Angeles Domestic Violence Attorney who can negotiate a no-jail sentence that allows you to keep your job and your freedom.  Los Angeles Domestic Violence Attorney Nalchadjian has handled hundreds of Domestic Violence cases in the Los Angeles Courts with outstanding results.

Protective Order (exclusion from your home)

If you are accused of an act of domestic violence in Los Angeles, you can be ordered to stay 100 yards away from the alleged victim. You don’t even need to be convicted.  A simple accusation and a complaint in court can result with the prosecutor asking the judge to order you to stay away from the alleged victim. That means, regardless of your innocence, you may be forced to leave your home.   If you and your spouse live in one location, she will get to stay at that location while the case is pending. If you lose your case at trial, the court can extend the stay-away order for up to 3 years.   Not only can this be emotionally devastating, but also financially burdensome. Even if you are barred from your home, your obligation to pay the mortgage or the bills does not cease.

Los Angeles Domestic Violence Attorney, Chris Nalchadjian can help by contesting the stay-away order at the first court appearance.  Attorney Nalchadjian has convinced many Los Angeles Judges to hold off on a full stay-away order and instead, impose a “light” order, where the parties can live together, but must be peaceful at all times.

Consequences of a Domestic Violence Conviction

Being convicted of a Domestic Violence charge in Los Angeles can mean serious consequences to your future rights.  If your Domestic Violence charge is a Felony, this could mean that you will have a Strike on your record that will never go away.  Corporal Injury as a Felony and Criminal Threats as a Felony are both Strikes on your record that will have far reaching implications.   It is vital to have an experienced Los Angeles Domestic Violence Lawyer have your felony reduced to a misdemeanor so that you can avoid the damaging effects of having Strikes on your record and eventually face serving a long sentence.

Even if your charge is a misdemeanor and you are convicted of a domestic violence charge, you lose your right to own or possess a firearm for 10 years in California and possibly for your life under Federal Law.   If you either work in an occupation that requires you to have a gun or wish to go into such a profession in the future, a conviction for domestic violence can be the death knell for your aspirations.

Los Angeles Domestic Violence Attorney Nalchadjian has handled over 500 domestic Violence cases with outstanding results.   If your future is on the line, trust it to someone who has the experience and knowledge to help get you through your nightmare.

Domestic Violence Laws

California domestic violence laws make it illegal to use physical force–or to communicate threats of harm–against an intimate partner. These are the most common DV crimes:

Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant — Penal Code 273.5 makes it illegal to inflict a “corporal injury” resulting in a “traumatic condition.” A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This charge can be filed as a felony or a misdemeanor.  A felony carries a maximum of 3 years in prison and a misdemeanor carries a maximum of one year in the county jail.

Penal Code 243(e)(1) pc Domestic Battery — Penal Code 243(e)(1) makes it a misdemeanor crime to inflict force or violence on an intimate partner…a category that includes your fiancé, cohabitant, the parent of your child, or your current or former spouse or dating partner. This particular charge does not require any mark or injury on the alleged victim.  Any unwanted touching (such as a slap) or a push (if done in an angry fashion) could be enough to violate this domestic violence law.

Penal Code 273d pc Child Abuse — Penal Code 273d makes it a crime to inflict “corporal punishment or injury” on a child if it was “cruel or inhuman” and caused an injury (even a slight injury). California child abuse laws allow a parent reasonable latitude to spank a child, but draw the line where the punishment is cruel or injures the child.

Penal Code 273a pc Child Endangerment — Penal Code 273a makes it a crime willfully to allow a child (in your care or custody) to suffer harm or to have his/her safety or health endangered.  Circumstances in which people are charged with this crime are when someone drives drunk with their child in the car, leaves their child unattended in a dangerous situation.

Penal Code 422 pc Criminal Threats — Penal Code 422 makes it a crime to communicate a threat of serious harm to someone if (1) you intend to put the person in fear, and (2) you actually do put the person in sustained fear. Criminal Threats may be charged as a misdemeanor or a felony, the felony version is a strike.   This particular charge is at times charged along with a domestic battery charge.  Some situations will start with a verbal argument then escalate to a physical altercation, hence resulting in the filing of both charges.

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