Van Nuys Domestic Violence Attorney

Domestic violence charges are grievous offenses, resulting in extensive jail time, excessive fines, and a lasting criminal record. You might also be subject to a restraining order that could limit your ability to see your family or even own a firearm. If you got charged with this criminal offense, you must immediately contact an experienced Van Nuys domestic violence attorney.

At Hurwitz Law Group, our team has over 10 years of LA criminal defense experience. We will thoroughly investigate the allegations against you and work tirelessly to build a strong defense.

Hire a Van Nuys Domestic Violence Attorney To Protect Yourself From Grievous Accusations

Hiring an experienced Van Nuys domestic violence attorney is critical to protect your rights if you get accused of domestic violence. Domestic violence cases are complex and require skilled attorneys who know how to navigate the legal system and build a strong defense.

The lawyers at Hurwitz Law Group have extensive knowledge of criminal and family law cases. We will work unremittingly to ensure fair treatment and protect your rights. Contact us at (323) 310-9677 to schedule a free consultation.

What Does the California State Law Say About Domestic Violence

The state of California considers domestic violence a serious crime, and the law defines it as abuse committed against a person with whom the perpetrator had an intimate relationship. It includes current and former spouses, live-in and non-live-in partners, dating partners, and co-parents.

Many forms of abuse can be classified as domestic violence crimes, such as physical, emotional, sexual, economic, and psychological abuse. Also, stalking and threatening.

A domestic violence conviction entails far-reaching consequences. If you are condemned for a domestic violence offense, you may be subject to:

• A jail or prison sentence;
• Probation;
• A domestic violence restraining order;
• Loss of child custody rights;
• Loss of gun ownership rights;
• Fines; and
• Mandatory counseling.

A domestic violence case will also go on your criminal record, making it hard to find a job, housing, or credit.

If you get accused of domestic violence, it is essential to contact an experienced Van Nuys domestic violence attorney promptly. An attorney can help you traverse the criminal justice system and protect your rights.

What Are the Different Types of Domestic Violence Under California Law?

Physical, sexual, emotional, and economic abuse are the 4 primary types of abuse under California Law.

• Physical abuse is any physical force inflicted against a cohabitant or partner. It can include hitting, punching, kicking, or using a weapon.
• Sexual abuse is forcing sexual contact with a domestic partner. It can include rape, sexual assault, or any other type of unwanted sexual contact.
• Emotional abuse is any verbal or nonverbal abuse employed to control or manipulate a lawful partner. It can include name-calling, put-downs, threats, or other forms of verbal abuse.
• Economic abuse is a type of manipulation to exploit finances from a cohabitant or partner. It can include controlling all the finances, preventing you from working, or making all financial decisions without your input.

Corporal Injury to Spouse or Cohabitant

Under California Law, it is a crime to inflict a "corporal injury resulting in a traumatic condition" on an intimate partner. The prosecutor must prove the following elements beyond a reasonable doubt to convict someone of domestic violence:

• You intentionally and unlawfully inflicted a physical injury on your intimate partner;
• The injury resulted in a traumatic condition; and
• When you committed the crime, you knew or should have known that your intimate partner was present.

The Penal Code § 273.5(a) PC identifies a traumatic condition as a wound or other bodily injury, whether internal or external, resulting from the direct application of physical force.

A "wound" is a tear in the skin, which may or may not involve bleeding, as described in People v. Dominguez (2006) 38 C4th 526, 530. The statute also mentioned internal injuries as any damage to the internal organ, including the brain.

The domestic violence laws in California apply to current and former spouses, domestic partners, cohabitants, dating partners, and parents of a child in common.

Domestic Battery

Under California Law, willfully and unlawfully touching an intimate partner in a harmful or offensive way is classified as a spousal or domestic battery, per Penal Code § 243(e)(1) PC. Under the same law, the court must determine these aspects beyond a reasonable doubt:

• You willfully and unlawfully touched your intimate partner in a harmful or offensive way;
• When you did so, you were aware of the nature of the touching; and
• The touching was against the will of the victim.

Child Endangerment and Child Abuse

According to the Penal Code § 273(a) PC, committing acts of domestic violence against a child is considered child endangerment or child abuse. This violation proves to be true with the presence of the following:

• You committed domestic violence against a minor;
• When you committed domestic violence, you knew or should have known that a child was present; and
• The child's exposure to domestic violence.

Criminal Threats

Penal Code § 422 PC makes it unlawful to threaten or plot against an intimate partner, whether married or not. Proving criminal threats is supported by the presence of the following elements:

• You blatantly threatened to kill or cause considerable bodily injury to an intimate partner;
• When you made the threat, you intended that the victim would take the threat seriously; and
• The victim reasonably believed that you would carry out the threat.

Aggravated Trespass

Aggravated trespass or domestic violence trespass is intentionally entering the property of an intimate partner with the intent to commit a domestic violence crime, as stipulated under Penal Code § 646.9(a)(1) PC. These 3 things must be proven beyond a reasonable doubt by the prosecutor to hold you accountable for such a crime:

• You entered onto the property of your intimate partner;
• When you did so, you intended to commit domestic violence against your intimate partner; and
• The domestic violence victim reasonably feared for their safety.

Elder Abuse

Attacking an elder is a crime against the Penal Code § 368 PC of California Law, commonly known as elder abuse or domestic violence elder abuse. Proving your accountability in an elder abuse crime requires the presence of the following elements:

• You knowingly and willfully inflicted, or caused someone else to inflict, physical pain or mental suffering on an older person or a dependent adult;
• When you did so, you had the intent to cause cruel pain or suffering; and
• The older person or dependent adult was a victim of domestic violence.

Legal Defenses Against Domestic Violence Allegations

Facing domestic violence issues doesn't mean you're entirely hopeless. One of the first things you must do is hire an experienced domestic violence attorney.

Domestic violence lawyers are familiar with the laws concerning domestic violence and can help you navigate the legal system. These criminal law advocates can guide you through the entire procedure and help you build a compelling legal defense strategy.

Lack of Probable Evidence

One of the most commonly used defense strategies against domestic violence allegations is insufficient evidence to prove that domestic violence occurred. The basis of domestic violence cases is often the victim's testimony, and there is no other evidence to support the allegations. A domestic violence attorney will know how to challenge the domestic violence victim's evidence.

The Victim Made It All Up

Another common defense is that the victim made up the domestic violence allegations to gain a significant advantage in a child custody or divorce case. An experienced domestic violence attorney will help you how to investigate the victim's history and look for any prior incidents of false domestic violence allegations.

The "Attack" Was an Accident

Sometimes, domestic violence allegations are from an accident during a heated argument. A domestic violence attorney will guide you on using expert witnesses to show that the alleged victim's injuries were not due to domestic violence but were instead the result of an accident.

The Action Was Out of Self-defense

In some cases, accusations of domestic violence may be an act of self-defense. Many defendants can use this defense if they can prove the presence of imminent danger. An experienced domestic violence attorney will investigate the incident's circumstances and use self-defense to justify the alleged domestic violence.

Improper Arrest

Sometimes, domestic violence cases are because of improper arrests. It is common if you resemble a known offender's feature or got arrested due to a vague description. An expert domestic violence attorney will determine how to challenge the arrest and get the charges against you dropped.

The Legal Consequences of Domestic Violence Convictions in Van Nuys, CA

Hiring a Van Nuys domestic violence attorney is critical if you get indicted for domestic violence crime. A domestic violence charge can have serious legal consequences, including:

• Up to one year in county jail and a fine of up to $6,000;
• A restraining order prohibiting you from approaching or contacting the victim;
• Loss of child custody; and visitation rights
• Loss of the right to own, register or possess a firearm.

A domestic violence conviction can also have negative immigration consequences if you are not a U.S. citizen. If you catch yourself in such a situation, you must contact an experienced domestic violence attorney who can help you protect your rights.

Hiring a Criminal Defense Attorney Evens the Legal Battlefield

You must immediately contact a Van Nuys domestic violence attorney if you have received an indictment of domestic violence. The accusation can be emotionally and psychologically damaging, but the penalties can be severe if you are convicted.

Some alleged domestic violence victims make up abuse accusations to gain rights of child custody or out of spite. The legal penalties for domestic violence include jail time, fines, restitution, counseling, and a restraining order.

A domestic violence conviction entails a permanent criminal record, making it hard to find employment, housing, or loans. If you are dealing with domestic violence charges, you need an experienced domestic violence attorney on your side.

Our Van Nuys domestic violence attorneys have years of experience handling these complex cases at Hurwitz Law Group. We understand the seriousness of domestic violence accusations and will aggressively defend your rights. Contact our criminal defense attorneys today for a free consultation.

Schedule a Free Consultation With Our Experienced Van Nuys Domestic Violence Lawyer

Dealing with domestic abuse charges is detrimental to your life and social reputation. If you're facing domestic violence charges, hiring a dedicated domestic violence attorney is critical.

At Hurwitz Law Group, our legal team has over 10 years of experience handling domestic violence cases in Van Nuys. Our legal team will tirelessly provide you with the legal assistance needed to win your case.

Call us now at (323) 310-9677 to book your free consultation with our team of esteemed criminal defense lawyers. You can also secure your free consultation by completing our online contact form.