Juvenile Domestic Violence Process Attorney in Los Angeles

Domestic violence charges can be frightening and confusing for any individual, but the stakes can feel especially high when the accused is a minor. In California, the juvenile justice system operates differently from the adult system, and families often find themselves overwhelmed by the legal processes and potential outcomes their child may face. At Kraut Law Group Criminal & DUI Lawyers, we understand how stressful and life-altering this experience can be for both the child and the parents. The following discussion explores the juvenile court process for domestic violence offenses in detail, including references to applicable Penal Code sections, an explanation of how jury instructions function in these cases, and a thorough look at potential sentencing or dispositional outcomes. This information is meant to help families understand what they might expect and why legal representation from a skilled domestic violence attorney is crucial at every stage.

Domestic violence in California generally refers to abuse or threats of abuse when the victim and the accused share a close relationship. This can include spouses, cohabitants, dating partners, and other intimate connections. In the context of minors, domestic violence may also involve conflicts with parents, siblings, or other family members in a household setting. Unfortunately, in recent years, there has been an increase in accusations of domestic violence among minors, which can be tied to several factors, including teenage dating relationships, cohabitation arrangements among youth, teen pregnancies, and general family tensions.

When law enforcement is called to a home or other location where a minor is alleged to have committed an act of domestic violence, officers will investigate the situation. If there is probable cause to believe that the minor has committed a crime, the minor can be taken into custody. Parents or guardians may be left dealing with the immediate threat of their child being detained, the possibility of ongoing court involvement, and the long-term repercussions that a juvenile domestic violence adjudication can have on a young person’s future. Understanding how the juvenile system handles these cases is the first step in safeguarding a child’s rights.

Most juvenile domestic violence allegations fall under the same Penal Code sections that apply to adults, although the procedures for adjudicating these charges are different in the juvenile context. Two of the most common Penal Code sections relevant to domestic violence cases in California are:

• Penal Code § 273.5: This statute addresses the willful infliction of corporal injury on a spouse, cohabitant, fiancé, or a person with whom the accused shares a child. A key element here is the infliction of a “traumatic condition,” which can be any visible or internal injury resulting from the physical force used.
• Penal Code § 243(e)(1): This section covers domestic battery, which involves willful and unlawful use of force or violence against an intimate partner or close family member. Unlike Penal Code § 273.5, this offense does not require visible injury.

While these statutes typically apply in adult court, a minor accused of violating them will usually have the case processed through the juvenile court system unless a decision is made to try the minor as an adult under specific circumstances. Domestic violence can also involve additional charges or enhancements if weapons are involved or if there are serious injuries to the alleged victim.

When a minor is accused of domestic violence under California Penal Code Section 273.5 PC or California Penal Code Section 243(e)(1) PC, the case proceeds through several distinct steps in the juvenile system. At each of these stages, having a dedicated juvenile defense attorney can make the difference between a resolution that preserves the minor’s future and an outcome that may have lasting negative effects.

After the minor’s arrest, the initial court appearance is known as the detention hearing. This hearing must occur within a short timeframe—generally within three judicial days of the arrest. At the detention hearing, the judge explains the charges to the minor and determines whether the minor should remain in juvenile hall or another detention facility while the case proceeds. Unlike in adult court, bail is typically not an option in juvenile cases. The question of release primarily depends on whether the judge finds that the minor is a danger to the community or themselves or if there is a high likelihood that they may not appear at future court dates. A strong argument from a skilled attorney at this stage can help secure the minor’s release.

In some domestic violence cases, there may be a fitness hearing (also referred to as a transfer hearing). This hearing is used to decide whether the minor is suitable for rehabilitation within the juvenile court system or whether the case should be transferred to adult court. Factors that the judge will consider include the minor’s age, the severity of the offense, the minor’s criminal record (if any), and whether the minor can be successfully rehabilitated under juvenile court supervision. For most domestic violence cases, especially where the minor is relatively young and the injuries are not extremely severe, the court will typically find that the minor is “fit” for juvenile court. However, this is never guaranteed, and the prosecution can push for adult court in serious or repeat offense situations.

The jurisdiction hearing functions similarly to a trial in adult court, but there is no jury present. Instead, the judge serves as the fact-finder. The prosecution must prove the allegations beyond a reasonable doubt. During this hearing, both the prosecution and the defense have the opportunity to present evidence, call witnesses, and make legal arguments. It is imperative at this phase for an experienced juvenile defense attorney to challenge the prosecution’s case, introduce any relevant defenses (such as self-defense, false accusations, or lack of sufficient evidence), and work to undermine the credibility of adverse witnesses when appropriate. If the judge determines that the evidence does not support the charges, the matter can be dismissed. If, however, the judge believes the allegations have been proven, the case will move to a dispositional hearing.

Even though juvenile cases are heard by a judge, California’s standard jury instructions (such as CALCRIM) can still be a point of reference in understanding the elements and defenses that apply to domestic violence charges. In an adult domestic violence trial, the judge or defense counsel would refer to instructions like CALCRIM 841 (for battery on a spouse, cohabitant, or fellow parent) or CALCRIM 840 (for infliction of corporal injury) to explain the legal elements the prosecution must prove. These elements typically include:

• Willfulness: The act must have been done willfully or intentionally.
• Harm or force: In a case under Penal Code § 273.5, there must be a traumatic condition resulting from the use of force. Under Penal Code § 243(e)(1), any use of force or violence can suffice.
• Relationship to the alleged victim: The victim must be an intimate partner, cohabitant, fiancée, the other parent, or someone in a dating relationship.

In juvenile court, judges rely on similar legal principles when making factual determinations, even though the minor does not have a right to a jury trial in most instances. The defense attorney will also use these same principles to argue that the prosecution has not met its burden or that a valid defense applies. Evidence such as medical records, witness statements, and even digital communications (texts, emails, social media posts) may play a critical role in proving or disproving domestic violence allegations.

If the judge decides that the minor committed a domestic violence offense, the matter proceeds to a dispositional hearing. In the juvenile context, this is analogous to sentencing in adult court, but the focus is on the best interests of the minor and public safety, with an emphasis on rehabilitation rather than punishment. Depending on the circumstances, the court can impose a wide range of dispositional orders, including:

• Informal probation or supervised probation in the home.
• Formal probation under the supervision of a probation officer, potentially including requirements such as domestic violence counseling, anger management, community service, and restitution to the victim.
• Removal from the family home and placement in a relative’s home, foster care, or group home if the judge believes this is necessary for the minor’s safety or rehabilitation.
• Commitment to the Department of Juvenile Justice (formerly the California Department of Corrections and Rehabilitation, Division of Juvenile Justice) for more serious offenses or repeated violations.

The juvenile court can also impose protective orders restricting the minor’s contact with the victim. While the primary goal is rehabilitation, these dispositional orders can significantly disrupt a young person’s life and have lasting consequences. Successfully minimizing or avoiding severe dispositions often requires presenting evidence of the minor’s good character, potential for rehabilitation, supportive family environment, and any mitigating factors that could explain the alleged conduct.

Although juvenile court records are generally sealed to protect a minor’s future, there are circumstances under which an adjudication can impact college admissions, employment opportunities, and other aspects of adult life. When a minor has a formal domestic violence adjudication on their record, future criminal charges or interactions with law enforcement might lead to harsher penalties. In some cases, the minor could also be made to comply with no-contact or stay-away orders that break up a family’s living situation or cause disruptions in the teen’s schooling and social life.

At every stage in the proceedings—from the initial detention hearing to the dispositional hearing—having an attorney who understands both California’s domestic violence statutes and the nuances of juvenile court is critical. An experienced defense counsel can advocate for the minor’s release at the detention hearing, present compelling arguments at the jurisdiction hearing, and negotiate creative and rehabilitative sentencing options at the dispositional stage. Early intervention by a knowledgeable lawyer can sometimes even lead to charges being dropped or significantly reduced.

At Kraut Law Group Criminal & DUI Lawyers, we bring extensive experience in both prosecuting and defending domestic violence cases in Los Angeles and throughout California. Our founding attorney, Michael Kraut, is a former Deputy District Attorney who spent over 14 years honing his trial skills and understanding how prosecutors build and pursue cases. Today, he applies that same knowledge to defend juveniles and ensure their rights are fully protected within the legal system.

We know that no two cases are alike. Our legal strategy is customized to address the specific facts and circumstances of each client’s situation. Whether the teen is alleged to have caused injury to a parent, sibling, dating partner, or any other family member, we investigate all aspects of the incident to identify possible defenses and mitigating factors. Our involvement early in the process may lead to a more favorable charge or a complete rejection of the case. If the case proceeds, we will work tirelessly to build the strongest defense possible, leveraging credible evidence, persuasive legal arguments, and supportive testimony from witnesses.

Families already coping with the stress of a domestic violence accusation can benefit greatly from a legal advocate who understands both the emotional and legal complexities of these cases. We take the time to explain each step of the juvenile court process so parents and minors alike know what to expect. By focusing on rehabilitation, counseling, and educational support, we strive to protect your child’s future and avoid the devastating consequences of a serious delinquency adjudication.

If your child has been arrested for a domestic violence offense, contact Kraut Law Group Criminal & DUI Lawyers immediately to discuss the circumstances of the case and find out what legal options exist. Time is of the essence in any juvenile matter, particularly in the critical early stages when the child’s release from custody may be at stake.

Michael Kraut and his team are available 24/7 and can be reached at 888-334-6344 or 323-464-6453 or through our online form. For a free consultation, you can also visit Kraut Law Group Criminal & DUI Lawyers at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. We are dedicated to safeguarding the rights and futures of minors facing domestic violence allegations and helping families navigate every step of the juvenile court process with confidence and compassion.