Domestic Violence Lawyer Los Angeles
Domestic violence is physical abuse that occurs within a family, someone you live with, or someone who you had an intimate relationship with, even if you no longer are together. A physical injury, however slight, is needed for the police to arrest you. Chances are you were arrested for a felony and your bail was set at $50,000 if you were arrested in Los Angeles County. The reason you were arrested for a felony is that the police do not want you being released immediately and then going back to the confront the accuser. Often, a temporary restraining order is served against you forbidding you to contact the accuser or to even go back to your own home where you car and clothes are. Todd Melnik can help get these restrictions lifted.
Domestic violence arrests can occur when there is even a SLIGHT injury such as a single scratch on the body of your accuser. It is too easy to get someone arrested for domestic violence and there are DRASTIC consequences to a person if they are convicted of ANYTHING related to the domestic violence.
Often times, domestic violence accusations are made because of pending divorce, child support or child visitation litigation. One spouse may try to use a false accusation to gain an advantage in one of these proceedings. If this is the case, you must aggressively fight these charges with a lawyer. A conviction could jeopardize your divorce, child custody proceeding or visitation rights. Attorney Mr. Melnik will help you uncover false accusations or help you deal with real accusations to minimize the consequences of an arrest. With so much on the line, you need to call an experienced attorney in criminal defense. Mr. Melnik can help.
A defendant arrested for domestic violence faces life-altering legal consequences. His or her family, reputation, career and freedom are all on the line. Consulting a qualified criminal defense lawyer is the best way to ensure that the defendant’s rights are protected. If you are convicted of domestic violence, the three main consequences are:
- 52 week mandatory counseling attendance
- It will become illegal for you to possess any type of firearm
- 3 years of probation
If you have been accused of domestic violence, call or send a message to Mr. Melnik’s Blackberry now. Mr. Melnik is easily accessible and will always return your calls, even as his client. Let him use his 20 years of trial experience and handling of previous domestic violence cases to help you resolve your case.
Domestic Abuse Lawyer Los Angeles
Los Angeles Domestic violence law as well as the term “domestic violence” usually pertains to crimes involving domestic abuse, like child abuse and also child neglect, spousal abuse or perhaps domestic-partner abuse, and elder abuse.
Domestic abuse isn’t only physical; it also covers the threats, emotional abuse, harassment, and stalking that a spouse, partner, or perhaps a date uses to manipulate a person’s behavior. The abuse could be directed against anyone: children, past partners, roommates, and even parents, but it is most often directed against females.
Domestic violence is a crime in all fifty states. Even so, along with cooperating with the prosecution of criminal charges, the target of Los Angeles domestic violence can file civil charges.
Our Firm focuses on defending Domestic Violence cases throughout Los Angeles. In case you or somebody you care about is charged with a Los Angeles domestic violence offense (sometimes known as DV, Intimate Partner Violence, or even IPV), you can certainly call on our firm without hesitation.
Anytime things are at their worst, the criminal defense lawyers at our firm are at their finest. With offices in Los Angeles we are ready to fight for you in any state courthouse. Probably the most important is always that the criminal defense attorneys of our firm care sincerely with regards to doing right by their clients, and giving client satisfaction and final results that exceed all of the expectations.
Los Angeles domestic violence arrest could be a devastating experience to anybody. It does not make a difference if the event was really a simple situation that spun out of control, a total misunderstanding, or perhaps a typical way of speaking between a couple. The time following the arrest could be terrifying, since the criminal justice system is very confusing.
While the lawyer will eventually take control of helping a defendant, the defendant can certainly play a role to enhance his or her probabilities of beating the criminal offense. Immediately following the arrest, there are many actions a defendant could take to make certain his or her part of the story is known.
Do You Seek Legal Assistance?
Hire a capable Los Angeles Domestic Violence attorney straight away. The defendant must try to retain a qualified criminal defense lawyer as quickly as possible right after the arrest. The lawyer is going to go over the event to make sure the important details are included. He or she will work to help sort out the unpleasant incident and go to the bottom of exactly what actually occurred, and then develop a strategy to get the best possible outcome for the defendant.
The lawyer’s very first move is to assist the defendant get through the bail hearing process and get the client outside of prison right away. A qualified attorney knows the best way to effectively speak to the judge that the defendant have to be released on his or perhaps her own recognizance, or at least really should have bail lowered from the bail schedule amount.
Not being jailed when your case is in trial is quite valuable. Advantages include the comfort of being in your house and more importantly, getting unrestricted contact with your attorney. On top of that, your attorney could slow down the criminal process, which will help the accused, and this is easier to accomplish if the defendant is not locked away.
A seasoned Los Angeles criminal defense lawyer will be able to help you through the release process, whether it involves release (release on your own recognizance), posting bail, or even filing a Motion for the Reduction of Bail.
Investigation is key. Immediately after the defendant has gotten out from jail or prison by getting released on his or her own recognizance or bail posting, the Domestic Violence Lawyer Los Angeles is likely to employ a skilled private investigator.
Private investigators are usually retired police officers or perhaps individuals with a similar training who work to determine what truly happened in the alleged incident. They can discover facts and also interview witnesses to gather as much information as possible so that the attorney can develop an effective defense for his or her client.
Start keeping notes. Usually, the individual who has the most specific recollection of the events in a domestic violence incident is the one whose story is believed. After a while, memories disappear and details get hazy, so it is important for a defendant to write down every little thing about the event that he or she could remember.
No detail is unimportant and such notes could make a large effect in the outcome of the trial. Right after writing as much as possible about the event, the defendant have to give the writings to his or her lawyer for safekeeping.
Collect records. Many domestic violence charges are based on “He said, she said” allegations. The defendant should keep an in depth record of the events that happened, along with any records that could be important in order for the court to assess damages. The attorney and private investigator can obtain any records that deal with the event, such as a copy of the police report, medical records, and the intimate partner’s medical records when possible. The private investigator will photograph the scene where the incident occurred to get pictures of any property damage.
Other records, like repair bills for damaged walls, broken windows, and vehicle damage may be relevant to the case. A good lawyer will do his or her best to gather all the evidence to support his or perhaps her client’s side of the story.
Our lawyers have several years of practical experience in defending Los Angeles intimate partner abuse charges. We get ongoing education in cutting-edge trial strategies as well as the latest case laws. We’ll assist a defendant with all of the preparation needed before trial, including collection and organization of notes and records. A domestic violence conviction Los Angeles is really serious, and an individual up against such a charge should get a trained lawyer.
Questions / Information regarding a Los Angeles Domestic Violence Attorney
Q: May I file a domestic violence case against my abusive ex-fiance?
* A: You may want to file a civil domestic violence case with the hopes of obtaining a civil protection order restraining your ex-fiance from contacting you. The problem, on the other hand, is that each and every state with a civil domestic violence statute has its own concept of what constitutes a “household” or perhaps “family member” for purposes of bringing a domestic violence action. Based on how these are determined in your state, you might not be thought of as a “household member” or perhaps “family member” to your ex-fiance.
However even in case your state doesn’t include a fiance within the domestic violence laws, he’ll still be subject to the normal laws that prohibit violence.
Q: Do I have a civil rights case against my abuser?
* A: Many years ago, domestic violence litigation branched out into federal courts once the “Violence against Women Act” was enacted. Under this Act, you may bring a civil suit against an attacker where the physical violence was gender motivated. However, on May 15, 2000, the United State Supreme Court declared this part of the Act unconstitutional, and a federal civil remedy against your abuser is no longer available.
Laws and regulations on domestic violence differ from state to state. A local family lawyer can advise you to the laws where you live.
Q: How could I protect myself from a husband who abuses me? My friend told me to go to the cops, and then somebody else said to hire an attorney. Exactly what are my options and how do I best protect myself and my kids from this abusive person?
* A: You may have several options. Many states have both criminal and civil domestic violence laws. You could speak to the police to report the abuse. Your husband will most likely be arrested as well as charged. Based on the outcome of the legal court hearings plus whether he is tried and declared guilty, he may be put in prison. The judge will probably get a temporary protection order that prevents him from calling you, and possibly the children.
As soon as you inform the authorities of the abuse, these people often have total control over whether your husband will be prosecuted or not.
Several states have laws that allow you to file for a protection order without the need of contacting the police. A civil protection order will restrain your husband from contacting you, and maybe your kids, and will give you temporary custody of your children.
It is vital that you call a Los Angeles Domestic Violence lawyer to know which laws cover your situation.
Q: I have a protection order against my ex-husband, still he continues to call me as well as harass me. What can I do?
* A: The police have got a responsibility as well as the duty to enforce a protective order. If your ex-husband is violating that order, he ought to be arrested. Violation of the order is going to be either a contempt of court, or perhaps its very own criminal act. In case it is a contempt of court, you will want the police record to assist you in bringing a contempt charge.
Should it is a criminal act, you will need the police to learn about the problem so they could implement the law. If you continue to have difficulties with your local police, you might want to talk about your situation with an attorney and also file something with the court
Q: My estranged husband keeps threatening to break into my apartment. Is he correct whenever he says he will not be arrested because we are still married?
* A: Several states have got some kind of law that neither spouse can be excluded from the other’s separate residence. However many of those states do not apply the law when a crime is committed (such as trespass or burglary). Based on where you live, your husband can be arrested for trespassing and/or burglary if he gets into your apartment without your permission.
Q: My husband abuses me and is not a U.S. citizen. Is he going to be deported if I bring charges against him?
* A: The Illegal Immigration Reform as well as the Immigrant Responsibility Act permits deportation of non-citizens for domestic violence, child abuse, child neglect and abandonment, violation of a protective order and stalking.
Always keep in mind that deportation could affect your ability to receive and/or get alimony and child support. It’s going to be extremely tough, if not impossible, to recover support from a spouse who is deported to another country.
It is really important for you to contact one of our qualified lawyers to give you advice on how to proceed on your domestic violence matter, since it is harder than the normal situation.