Los Angeles County Criminal Lawyer Blog

Domestic violence is a major concern in communities throughout California. Domestic violence cases are often complex due to high emotions, child custody matters, and the possibility of multiple crimes being involved, such as weapons violations, assault, battery, and even drug crimes.

It is important for anyone arrested for a domestic violence offense to understand the types of domestic violence cases. According to the Superior Court of California, County of Los Angeles, the following are the categories of domestic violence crimes:

• California Penal Code Section 273.5 - deliberate force of corporal injury on a spouse, former spouse, cohabitant, former cohabitant, etc.
• California Penal Code Section 242 - any deliberate or unlawful use of force or violence upon the person of another
• California Penal Code Section 243 (e) - battery against a spouse, cohabitant, parent of the defendant's children, etc.
• California Penal Code Section 240 - assault; any unlawful attempt, in addition to a present ability, to commit a violent injury
• California Penal Code Section 136.1 - intimidation of victims and witnesses

These criminal cases may be heard in a specialized Domestic Violence Court. These types of courts were established to offer the most efficient and focused means for addressing the increasing number of domestic violence cases being filed in Los Angeles County. Because of the unique issues that are often associated with domestic violence cases, the judicial officer in a Domestic Violence Court is trained to provide sensitive, consistent sentencing and solid oversight for each case.

Although domestic violence cases are heard in all criminal courts in Los Angeles County, there are some courts that have departments that specialize in domestic violence cases. The five Domestic Violence Courts in the Los Angeles Superior Court include:

1. Long Beach Courthouse
2. El Monte Courthouse
3. West Covina Courthouse
4. Pomona Courthouse
5. Stanley Mosk Courthouse (Department 8) in downtown Los Angeles

Depending on the circumstances surrounding a person's arrest, a domestic violence conviction can result in serious consequences. To ensure that your rights are protected, you may want to contact a Los Angeles domestic violence defense lawyer who can inform you of your legal options. In a lot of situations, a person charged with a domestic violence offense will be offered a plea bargain. However, it is advised that an individual shouldn't agree to enter a plea without first speaking to an attorney. To find out more about your legal rights, call aggressive criminal defense lawyer Daniel Kann today at 310-954-9356 for a free consultation.

Controversial actor and director, Mel Gibson is at the center of a new scandal involving his ex-girlfriend and mother of his child, Oksana Grigorieva. According to reports, Grigorieva obtained a domestic violence restraining order against the Malibu based mega-star in late June.

The restraining order was was issued by a Los Angeles County Superior Court judge at an emergency hearing after being to told by Grigorieva's attorneys that Gibson had been "extremely violent" towards her.

The restraining order originally mandated that Gibson have no contact with his ex-girlfriend who now resides in Sherman Oaks. The order has since been modified to allow Gibson to visit his daughter.

According to the website TMZ in the article, Oksana Alleges Violence Against Mel Gibson, an associate of Gibson has stated that the allegations of abuse, which reportedly occurred in January were not true.

Not surprisingly, it has been reported that Mr. Gibson has since obtained a restraining order against Ms. Grigorieva.

Though there is no indication that Gibson is facing criminal charges at this time, often times, when one is being charged with the crime of Domestic Violence for violating California Penal Code Section 243(e)(1), a restraining order will have been obtained by the alleged victim prior to criminal proceedings at a civil hearing before a family court judge. The order must be served on the accused abuser and can be challenged within a proscribed statutory period.

After criminal charges are filed in a Domestic Violence case in California, a judge will issue a new restraining order for the accused to stay away from and not annoy, threaten or harass the alleged victim at the first appearance in criminal court known as the arraignment. The alleged victim does have the option of asking the judge not to issue a restraining. In such a case, the alleged victim must make this request in person.

Generally, when one is convicted of committing Domestic Violence, which is "any willful infliction of force or violence upon your intimate partner," the court in Los Angeles or any other jurisdiction in California can impose prison or jail time and will often order the defendant to take part in a one year domestic violence prevention course.

Continue reading "Mel Gibson Reportedly Accused of Threatening and Abusing Ex-Girlfriend in Los Angeles" »