Domestic Violence Against Family Members Attorney in Los Angeles

Domestic violence offenses in California are not limited to acts committed against a spouse or romantic partner. Under California law, domestic violence can include crimes against parents, children, siblings, or other close relatives if they fall within the definition outlined in California Family Code Section 6211. This broad definition has important consequences for individuals charged with such offenses, as they may be subject to specific sentencing requirements under California Penal Code Section 1203.097, even if the alleged victim is not a current or former spouse or dating partner. Understanding the nuances of these laws is crucial in mounting a strong defense, and an experienced domestic violence attorney can make all the difference when so much is at stake.

Domestic violence charges against family members can arise from a variety of circumstances. Sometimes, emotions run high in households, misunderstandings escalate, and the police become involved. Other times, a relative may make accusations that lead to an arrest. Regardless of the situation, once law enforcement has decided to arrest, the case typically goes to the prosecutor’s office, which may decide to file charges. What follows can be a complex process involving court appearances, protective orders, mandatory counseling, and potential jail time or probation conditions.

Domestic violence, in broad terms, refers to abuse or threats of abuse when there is a close relationship between the defendant and the alleged victim. Under California Family Code Section 6211, domestic violence includes abuse committed against a spouse, former spouse, cohabitant, dating or former dating partner, fiancé(e), or a person with whom the defendant has a child. However, it also covers abuse against close family members like parents, children, grandparents, grandchildren, and siblings. This means that when a defendant is accused of physically harming or threatening to harm a family member, prosecutors may classify the incident as domestic violence.

One critical statute in these situations is California Penal Code Section 1203.097, which outlines mandatory sentencing provisions for domestic violence offenders who are granted probation. This law applies to offenses labeled as domestic violence, whether the victim is a romantic partner or a family member as defined by the Family Code. While courts have some discretion in how they impose sentences, they must adhere to certain requirements for defendants who plead guilty or are found guilty of domestic violence offenses, including family domestic violence.

A domestic violence case against a family member can arise under several Penal Code sections, depending on the age of the alleged victim and the nature of the abuse:

• Corporal Injury to a Spouse or Cohabitant (Penal Code Section 273.5) and Spousal Battery (Penal Code Section 243(e)) typically involve romantic partners but do not directly apply to family domestic violence.
• Elder Abuse (Penal Code Section 368) applies when the alleged victim is an elderly parent or another senior in the family. This statute criminalizes physical harm, financial exploitation, or other forms of mistreatment of a person 65 years or older.
• Child Abuse (Penal Code Section 273d) prohibits inflicting corporal punishment or injury on a child if it is cruel or inhumane and results in a traumatic condition. This statute comes into play if the alleged victim is the defendant’s minor child.
• Child Endangerment (Penal Code Section 273a) applies when a child is placed in a dangerous situation, suffers unjustifiable mental or physical pain, or when a caregiver fails to protect the child from harm.
• Simple Battery (Penal Code Section 242) can be charged if the defendant willfully and unlawfully used force or violence against a close family member who does not meet the definition of spouse, cohabitant, or dating partner. Even though this charge is often considered less serious, it can still trigger the mandatory domestic violence sentencing provisions under Penal Code Section 1203.097 if the victim is a qualifying family member.

When a defendant is convicted of a domestic violence offense and granted probation, California Penal Code Section 1203.097 requires the court to impose specific conditions. These include:

A minimum term of probation of three years. Completion of a year-long batterer’s intervention program or a comparable program, though for family domestic violence involving a parent-child relationship, courts sometimes allow parenting classes or other counseling. A protective order against contact with the named victim, often referred to as a “criminal protective order.” In some cases, the court may allow “peaceful contact” to maintain family relationships, which is sometimes referred to as a “Level One” protective order. Payment of fines, fees, and restitution to cover the victim’s expenses or damages. Community service or other court-ordered obligations.

These requirements can be life-changing. Probation conditions often dictate where a defendant can live, with whom they can have contact, and what programs they must attend. Violating any of these conditions can lead to probation revocation and possibly jail or prison time.

In cases that go to trial, the judge will provide specific jury instructions to help jurors understand the legal elements that must be proven beyond a reasonable doubt. For example:

• CALCRIM 852 (Evidence of Uncharged Domestic Violence) may come into play if the prosecution seeks to introduce prior acts of domestic violence to show a propensity toward such conduct.
• CALCRIM 822 (Child Abuse or Endangerment) outlines the elements the jury must find to convict a defendant of child abuse or child endangerment. The instructions detail what constitutes “infliction of physical pain or mental suffering” and the requirement that the defendant acted willfully.
• CALCRIM 831 (Elder or Dependent Adult Abuse) sets forth the elements needed to prove elder abuse. The prosecution must establish that the defendant caused or permitted an elderly person to suffer unjustifiable physical pain or mental suffering or that the defendant had care or custody of an elderly person and willfully caused or permitted the person’s health to be endangered.
• CALCRIM 841 (Battery Against a Cohabitant) might be referenced if the defendant is accused of battery that fits the definition of domestic violence, even if the alleged victim is a family member who resides in the same household.

These instructions guide the jury’s deliberation process. They are critical to ensuring that the trial is fair and that jurors have a clear legal framework within which they must evaluate the evidence. An experienced defense attorney can argue for or against certain instructions and shape how the jury interprets the law in light of the facts.

Domestic violence cases involving family members can be charged as misdemeanors or felonies, depending on the severity of the allegations, the defendant’s prior criminal history, and any injuries sustained by the alleged victim. Convictions can result in county jail or state prison sentences, hefty fines, mandatory counseling, protective orders, and the possibility of losing one’s rights to own or possess firearms. Additionally, a conviction can result in far-reaching collateral consequences, including issues with child custody, employment, and immigration status (if the defendant is not a U.S. citizen).

When the victim is a child or an elderly parent, the penalties can be particularly harsh. For instance, Penal Code Section 273d (child abuse) can be charged as a felony if the circumstances are aggravated, leading to a potential prison term of up to six years or more, depending on enhancements. Elder abuse under Penal Code Section 368 can also lead to significant prison time if the abuse resulted in great bodily injury or if the victim was particularly vulnerable.

In domestic violence cases, courts almost always issue protective orders at the initial stages of the case. These orders can prohibit the defendant from contacting the alleged victim, visiting the family home, or even seeing their children. A full stay-away order can disrupt a family’s daily life dramatically. However, in some cases—especially those involving parent-child relationships—the court may allow a “Level One” protective order that permits peaceful contact for purposes such as arranging childcare or living under the same roof if it is deemed safe.

Protective orders are enforceable by law enforcement. Violating the order can result in additional charges and could lead to revocation of probation or pretrial release. It is crucial for anyone subject to such an order to fully understand its terms and comply until the order is modified or lifted.

Prosecutors often face unique challenges in domestic violence cases that involve close family members. Emotions can run high, family members may reconcile, and witnesses might become uncooperative or unwilling to testify. Sometimes, parents or children feel conflicted about pressing charges against a loved one, and prosecutors may have difficulty securing testimony or evidence at trial.

Despite these potential difficulties, the prosecutor’s office can still proceed with the case even if the alleged victim recants or refuses to cooperate, provided there is sufficient evidence from other sources, such as photographs, medical records, or eyewitness accounts. Because of the complexities involved, prosecutors may be open to plea bargains or reduced charges if they believe a jury may be sympathetic to the family’s wishes. For instance, the defendant may be offered a deal to plead guilty or no contest to disturbing the peace under Penal Code Section 415. However, even in the event of a plea to a reduced charge, the mandatory domestic violence sentencing requirements of Penal Code Section 1203.097 may still apply if the court finds the offense was committed against a qualifying family member.

Defending against domestic violence allegations requires a careful examination of the facts and evidence in each case. Possible defenses can include self-defense or defense of others, false accusations, and lack of sufficient evidence. In many instances, family disputes escalate because the defendant believed they needed to protect themselves or another vulnerable individual in the home. Sometimes, an accuser might fabricate or exaggerate claims for personal reasons, such as gaining leverage in a family law dispute or out of anger.

An effective defense strategy often includes conducting a thorough investigation, speaking with witnesses, collecting any available photographic or video evidence, reviewing medical records, and potentially employing expert witnesses to challenge the prosecution’s claims. Every case is different, and an experienced defense attorney can tailor the approach to the specific circumstances at hand.

If you or a loved one has been arrested for domestic violence involving a family member, it is vital to consult with an experienced criminal defense attorney as soon as possible. Kraut Law Group Criminal & DUI Lawyers offers informed, aggressive representation rooted in a deep understanding of the law. Michael Kraut, a former Deputy District Attorney with over 14 years of prosecutorial experience, understands how prosecutors build and try domestic violence cases. This background allows our legal team to anticipate the prosecution’s strategies and effectively advocate for reduced charges, alternative sentencing, or even case dismissal when possible.

Early intervention in a family domestic violence case can be instrumental. Sometimes, proactive steps such as obtaining counseling, enrolling in a parenting class, or demonstrating a willingness to address family issues can favorably influence the prosecutor’s decision on whether and how to file charges. These steps may also make a strong impression on the court when considering bail, protective orders, and sentencing options.

A domestic violence conviction can have lasting effects on multiple aspects of your life. It can impact your ability to find or keep a job, affect professional licenses, result in a criminal record that cannot easily be expunged, and in some cases lead to immigration consequences. It can also permanently alter your relationships with your family members, especially if protective orders remain in place or if the Department of Children and Family Services (DCFS) becomes involved.

Working with skilled legal counsel is crucial to navigating these complexities. From the moment charges are filed, you need to protect your rights and interests. Kraut Law Group Criminal & DUI Lawyers can guide you through every stage of the legal process, from arraignment to negotiation or trial, ensuring you fully understand your options and the potential outcomes of each decision. 

For more information about domestic violence against family members and to schedule a confidential consultation, contact Kraut Law Group Criminal & DUI Lawyers. Our office is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Michael Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453. Whether you are facing charges of child abuse, elder abuse, or simple battery involving a close relative. Contact us today, we are ready to provide experienced legal representation tailored to your specific needs. Domestic violence cases require a nuanced understanding of both the law and family dynamics, and our team is dedicated to offering the guidance and support you need to secure the best possible outcome.