Domestic Violence Arraignments

Domestic violence charges in Los Angeles carry serious consequences and can have a profound effect on your future, your reputation, and your relationships. If you or someone you know is facing a domestic violence arraignment, it is critical to understand the legal process, your rights, the possible sentences, and the role of jury instructions in a potential trial.

At Kraut Law Group Criminal & DUI Lawyers, our domestic violence attorneys are committed to providing top-tier legal representation to individuals dealing with domestic violence allegations. The following information is intended to help you understand what a domestic violence arraignment entails, what the relevant laws are, what the sentencing possibilities may be, and how you can defend your rights every step of the way.

What Is The Los Angeles Law on Domestic Violence?

California law defines domestic violence as abuse or threats of abuse between people who have an intimate relationship, which can include spouses, cohabitants, former spouses, dating partners, or individuals who share a child. One of the most commonly charged offenses is corporal injury on a spouse or cohabitant under California Penal Code Section 273.5 PC, which makes it a crime to willfully inflict a “traumatic condition” on a spouse, former spouse, cohabitant, fiancé, or the parent of one’s child. A “traumatic condition” refers to any wound or bodily injury that is visible or can be documented medically. Another commonly charged offense is domestic battery, classified under California Penal Code Section 243(e)(1) PC, which does not require a visible injury but still involves the willful and unlawful use of force or violence against an intimate partner.

These charges can be filed as misdemeanors or felonies depending on the facts of the case, the severity of injuries, and the defendant’s criminal history. Even a misdemeanor domestic violence conviction can carry significant consequences, including mandatory counseling, protective orders, probation, and in some cases, jail time. If you face a felony charge, the stakes are even higher, with enhanced penalties that can include state prison sentences.

What to Expect at a Domestic Violence Arraignment?

An arraignment is the first formal court proceeding in a criminal case. At this hearing, a defendant is informed of the charges against them, provided with copies of pertinent documents—such as the criminal complaint and police reports—and asked to enter an initial plea of “guilty,” “not guilty,” or “no contest.” In California domestic violence cases, some specific considerations and procedures typically occur at arraignment:

You Will Be Formally Charged:

The prosecutor will present the formal charges based on the evidence gathered by law enforcement. For example, if the crime is alleged to be corporal injury on a spouse under Penal Code Section 273.5, you will hear that exact code section read in court. If the incident is charged as a misdemeanor domestic battery under Penal Code Section 243(e)(1), that will be announced in court as well.

You May Enter a Plea:

You or your attorney will typically enter a plea of “not guilty,” “guilty,” or “no contest.” Most defendants charged with a criminal offense, especially those facing serious allegations like domestic violence, will enter a “not guilty” plea at this stage to allow time to investigate the facts, review the evidence, and prepare a solid defense.

Bail or Release Will Be Addressed:

If you are in custody at the time of your arraignment, the judge may determine whether you can be released on your own recognizance (an “O.R. release”) or if bail is required. Bail amounts for domestic violence charges can vary widely depending on the nature of the charge, your criminal history, and any aggravating factors. If you have already posted bail or were released from custody, the judge can either continue your release or modify the conditions under which you are allowed to remain out of custody.

A Criminal Protective Order May Be Issued:

Under California law, courts are generally required to issue a protective order in domestic violence cases at the time of arraignment. This protective order can prohibit you from contacting the alleged victim in any way or from coming within a certain distance of them. In some cases, the judge may allow peaceful contact in the form of a “Level One” protective order, but this will require a separate hearing or a request to modify the original order. Violating a protective order, even inadvertently, can lead to new charges.

Discovery and Setting Future Court Dates:

You and your attorney will receive discovery materials at the arraignment, which typically include the complaint, police reports, and other evidence the prosecutor has gathered. A second court date, often called a pretrial hearing, will be set to allow both sides to negotiate possible resolutions, file motions, or prepare for trial if no agreement is reached. You will likely be asked to waive your speedy trial rights to allow additional time for investigation, negotiation, and strategic planning.

The Importance of Penal Code Section 273.5 PC and Penal Code Section 243(e)(1) PC

Penal Code Section 273.5 PC (corporal injury to a spouse/cohabitant) and Penal Code Section 243(e)(1) PC (domestic battery) are central to many domestic violence arraignments. Understanding the difference between these two code sections is essential. Corporal injury to a spouse requires some kind of visible or documented injury. Domestic battery, in contrast, does not require a visible injury—only a willful and unlawful use of force or violence. Both offenses are taken very seriously by prosecutors and judges, and both can result in significant legal consequences.

Jury Instructions for Domestic Violence Cases

When a domestic violence case goes to trial in California, the judge will typically use standardized jury instructions that outline the elements of each charge and the burden of proof required to convict. These instructions come from CALCRIM (California Criminal Jury Instructions). For instance, CALCRIM No. 840 is often used for corporal injury on a spouse or cohabitant under Penal Code Section 273.5. This jury instruction makes it clear that the prosecution must prove the defendant willfully inflicted a bodily injury on the victim and that the injury resulted in a “traumatic condition.”

Similarly, CALCRIM No. 841 may apply in certain domestic battery cases, stating that the prosecution must prove you touched another person who was an intimate partner in a harmful or offensive manner and that you did so willfully. Jurors must be instructed that they can only find the defendant guilty if the evidence shows beyond a reasonable doubt that all elements of the crime were met. By understanding these instructions, defense attorneys can strategically present evidence and cross-examine witnesses to create reasonable doubt.

Sentencing and Penalties in Domestic Violence Cases

Sentencing in domestic violence cases will vary depending on whether you are convicted of a misdemeanor or felony, as well as the presence of any aggravating factors such as prior convictions or severe injuries to the alleged victim. A misdemeanor conviction under Penal Code Section 243(e)(1) can carry penalties that include up to one year in county jail, probation, completion of a mandatory batterer’s intervention program, and fines. If the court grants probation, it is often formal probation (supervised) and can include extensive conditions such as mandatory counseling, community service, restrictions on firearm possession, and compliance with stay-away orders.

A felony conviction under Penal Code Section 273.5 PC can result in a sentence of two, three, or four years in state prison, along with fines and mandatory participation in a 52-week batterer’s intervention program. The judge may also impose a lengthy criminal protective order that can significantly limit your contact with the alleged victim. If you have prior domestic violence convictions or if the injury is severe, sentencing enhancements can substantially increase the amount of time you spend in custody.

Collateral Consequences of a Domestic Violence Conviction

Beyond the direct penalties imposed by the court, a domestic violence conviction can lead to various collateral consequences that can impact your life long after you have served any jail time or completed probation. A conviction can make it more difficult to find employment, as many employers conduct background checks. It may also affect your professional licenses, immigration status (if you are not a U.S. citizen), and your ability to own or possess a firearm. Family law proceedings, such as child custody battles or divorce cases, can also be influenced by a domestic violence conviction, potentially restricting your ability to see or have custody of your children.

Why Is it Critical to Retain Experienced Legal Counsel for Domestic Violence Allegations?

The stakes in a domestic violence case are high, and skilled legal representation can make a critical difference in how your case is resolved. An experienced criminal defense attorney will investigate the facts of the case, review the prosecutor’s evidence, interview witnesses, and explore all possible defenses. In some situations, it may be possible to demonstrate that the allegations are fabricated, exaggerated, or lacking in credible evidence. Self-defense or defense of others may also apply under the right circumstances. In addition, a strong defense strategy can help negotiate a favorable plea bargain, potentially reducing charges or penalties.

If you can retain legal counsel early in the process—ideally before the arraignment—your attorney may be able to communicate with the prosecutor’s office about the strength of the evidence, mitigating circumstances, or other reasons why the charges should be reduced or dismissed. Once a case goes to trial, thorough preparation is essential to challenge the prosecutor’s case and create reasonable doubt for the jury. Understanding the relevant penal code sections, jury instructions, and sentencing guidelines allows your defense team to craft the most effective argument on your behalf.

Why Kraut Law Group Criminal & DUI Lawyers

Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience, which gives him invaluable insight into how the state builds its cases and how best to mount an effective defense. At Kraut Law Group Criminal & DUI Lawyers, we begin working on our clients’ cases immediately, often contacting the prosecutor’s office even before charges are filed. Our proactive approach can lead to early resolutions that minimize the impact on your life, such as cases being rejected or charges being significantly reduced.

We prioritize open communication, ensuring you fully understand the charges, the legal process, and all available defense strategies. Domestic violence cases can be emotionally charged and legally complex, and our team strives to handle every case with skill, discretion, and dedication. We have a deep understanding of California domestic violence laws, local court systems in Los Angeles, and effective defense strategies tailored to your unique situation.

How Can a Criminal Defense Attorney Help Before and During Your Arraignment?

If you or someone you know has been arrested for domestic violence and is facing an arraignment date, it is vital to secure knowledgeable legal representation as soon as possible. By working with Kraut Law Group Criminal & DUI Lawyers, you can rest assured that your case is in capable hands. Our legal team will guide you through every stage of the process, from arraignment to resolution, to achieve the best possible outcome.

Our office is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. For a free consultation, contact Michael Kraut at Kraut Law Group Criminal & DUI Lawyers by calling 888-334-6344 or 323-464-6453 or using our online form. We are available 24/7 to help you navigate this challenging time and to provide aggressive defense to protect your rights and your future.