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Individuals can be arrested due to the suspicion of domestic violence without having criminal charges filed against them. Following the arrest, a prosecutor will review the case and decide whether criminal charges should be filed. In cases where the prosecutor does bring criminal charges against the defendant, the defendant must appear in court on the date of the arraignment.

Arraignments are the first appearance of a defendant in court, at which time the defendant pleads guilty or not guilty. Multiple important legalities unfold during an arraignment, so understanding how arraignments work is crucial.

When Will the Arraignment be Scheduled For?

After the defendant is arrested, they’ll be booked into a local jail. They might need to pay bail to secure their release from jail. The amount of bail will vary case to case depending on the charge and severity of the offense.

The arraignment date will be set after the defendant posts their bail or is otherwise released from police custody. Arraignment dates are sometimes set for weeks or even months into the future. If the defendant doesn’t have the means to post their bail, they’ll remain in jail while a prosecutor reviews the case. The prosecutor then has 48 hours to file official charges. If no charges have been filed in 48 hours, the defendant will be released.

What Can Be Expected at an Arraignment?

Attorneys are allowed to appear in court on behalf of their clients in the case of most misdemeanors. Judges exercise the right to force the defendants to be physically present if they so choose.

The arraignment will begin with the defense being provided a copy of the initial complaint and legal incident reports. When the case number is called, the defendant will enter their plea of “guilty” or “not guilty” according to their counsel. If the plea is not guilty, the court then has the responsibility of determining whether to release the defendant or set bail.

A protective order will be given to prevent the defendant from further engaging in threats, violence, stalking, or any form of harassment against the victim. Oftentimes this protective order will prevent any and all contact between the involved parties.

If the plea is not guilty, the involved parties will need to schedule a date for the pretrial. To set a trial date, the defendant may be required to waive their speedy trial rights. The victim may also be ordered to return to the court when the trial commences, provided the victim is present during the arraignment.

If the defendant pleads guilty, the court will move on to sentencing rather than scheduling a trial. Sentencing varies widely from case to case based on the offense and the severity of the offense. Felonies are sentenced more harshly than misdemeanors, while first offenses are likely to exact more leniency than a second or third offense would.

Even if the defendant is sentenced to probation rather than jail time, they will be required to complete a batterer’s course and provide progressive proof to the court that they are committed to rehabilitation. In domestic violence cases, probation periods will last at least three years. The defendant will also face a fine of at least $500, and a protective order will be put in place by the court to protect the victim.

Domestic violence crimes may be met with a variety of protective orders. Most commonly, a court-issued criminal protective order or a victim requested restraining order will follow a domestic violence dispute. In the instance of arrest, the defendant may be served a criminal protective order at their arraignment. In addition, a domestic violence restraining order can be requested by a victim outside of any domestic violence case. Furthermore, an emergency protective order can be ordered at the time of the defendant’s arrest if the police deem the order necessary. The protective and restraining orders are preventatives measure put in place to ensure the safety of the victim and prevent further acts of violence.

Domestic Violence Protective Orders
The victim of a domestic violence crime can independently seek the protection of the court by requesting a domestic violence restraining order. In order to seek a domestic violence restraining order independently, the victim must file a petition at a civil court. Typically, civil courts are used to settle disputes between two entities including private citizens, as is the case with the issuance of a domestic violence restraining order.

Most often, the filing fee for victims of domestic violence will be waived by the court. Once the petition has been requested, the court must schedule a hearing for the request of the domestic violence restraining order. In addition, the court has the ability to issue a temporary restraining against the defendant that would remain valid until the court hearing.

Upon the filing of the petition, the defendant will then be notified of the court hearing date and served with the petition against them. The defendant, also known as the respondent, can choose to have representation at the civil court hearing and contest the order. The court may allow the respondent to extend the hearing until a formal decision is made in criminal court regarding the domestic violence case.

During the hearing in civil court, it is the petitioner’s responsibility to provide evidence to support his or her case. While in criminal courts, guilt must be proven beyond a reasonable doubt. The petitioner may provide evidence, as well as a testimony for the judge. In addition, the petitioner may prevent evidence to the court. The judge will determine if enough evidence has been presented to grant the domestic violence restraining order. If approved, then the respondent will be required to enroll in a 52-week batterer’s program.

Criminal Protective Orders
Criminal protective orders are imposed by the court not the victim. California Penal Code Section 136.2 PC entitles the court to be able to issue a protective order against the defendant charged with a domestic violence offense. The defendant may be required to appear in court in order to be served the protective order. Under the order, the defendant cannot possess firearms. In addition, the order may allow “peaceful” contact between the two parties or it may prohibit contact entirely.

A criminal protective order may be established even in the absence of a domestic relationship between the parties. Under California Penal Code Section 368 PC, elder abuse cases may be issued a criminal protective order, regardless of the relation between the two parties. For instance, the defendant could be a non-relative caretaker. In instances like these, the defendant’s attorney is allowed to argue against instituting a protective order.

In California, child abduction is defined by California Penal Code 278 as the purposeful and deceitful taking, luring, keeping or concealing a minor with the intent of removing another person of their rights to authorized custody or visitation with the child.

Many times, abductions are committed by parents, grandparents, in-laws or other close relatives. Any person who does not have the lawful right of guardianship or custody of the child and has committed any of the acts under California Statutes is guilty of the crime of child abduction.

California Penal Code 278, defines child abduction as two separate crimes:

• No Right to Custody
  • The accused maliciously took, enticed, kept, withheld, or concealed a child from the lawful custodian
  • The child was younger than 18 years at the time
  • The accused had no legal right to custody of the child
  • The accused intentionally acted to detain or conceal the child from their legal custodian
• Deprivation of the Right to Custody or Visitation
  • The accused enticed, kept, withheld or concealed a child
  • The child was younger than 18 years of age
  • The accused maliciously deprived a lawful custodian of the right to custody or a person the right to visitation

Child abduction is different to kidnapping in that kidnapping is a crime solely against the person kidnapped. Child abduction is also a crime against the abducted child but also against that child’s lawful parent. Moving or transporting the child is not necessary to be guilty of child abduction, only the intent to detain or conceal the child from their legal guardian. The penalties for the child abduction of a person under the age of 14 is more severe.

What Are The Penalties For Child Abduction?

A conviction of child abduction carries penalties of up to 4 years in prison and fines of up to $10,000. If you are convicted of kidnapping you face the possibility of up to 8 years in prison. If the victim was a child under the age of 14, you could face up to 11 years in a California state prison. If any ransom was involved, a life sentence can be imposed.

Several factors will be considered during the penalty phase of a trial including:

• If there was any injury to the victim
• The victim’s age
• The duration of the abduction
• How far the victim was taken from their original location
• Where the victim was taken against their will
• If the child was taken to a foreign country
• If the abductor changed the appearance of the child in order to conceal their identity

In California, child abduction is considered a “wobbler” crime which means the crime can be charged as a misdemeanor or a felony depending on particular factors in the case.

A child abduction case will involve careful scrutiny of the circumstances and consideration of all elements in order to determine the penalty required.

Do I Have A Defense?

There are many ways an attorney can defend someone accused of child abduction. Some of the ways a child abduction case can be defended are:

• The accused has a full or partial custody of the child
• The person the accused took the child away from was not a legal custodian
• The accused did not violate the elements of the law requiring malicious taking away of the child
• The accused filed a report with the courts after abducting the child to report a change of custody, giving locations and contact information in a within a reasonable time (10 days for filing a report and 30 days for a custody proceeding)

If you have been charged with child abduction in Los Angeles you should immediately contact a Los Angeles child abduction lawyer to represent you against this serious charge.

Corporal injury on a spouse or a mate is a form of domestic violence. Remember, domestic violence is any violence committed by one partner against another. Also, for any procedure related to cases of domestic violence, a lawyer will be able to advise you.

However, among the many competent lawyers in the field, it is difficult to make a choice. Whether the violence is sexual, physical, verbal, or psychological, today there is an arsenal of civil and criminal laws to protect victims of domestic violence. Remember, whichever partner is the violent one may be ordered to be expelled from the matrimonial home.

Finally, it is frequently necessary to contact a lawyer, preferably a , who will diligently prompt emergency divorce proceedings that will allow you to benefit from interim measures quickly. A lawyer specialized in cases of domestic violence will be able to inform you and accompany you. The prohibition of access to the marital home may be imposed on the spouse or cohabiting partner.

In the context of an alternative procedure to prosecution: if necessary, the perpetrator of the violence may be proposed to be taken into custody by the social or psychological health services. This custody is frequently before a penal judgment, within the framework of the judicial controls. After the punitive review, this may be within the context of a suspended sentence or any other measure of an adjustment of punishment.

However, it is during the hearing that it will be decided if the parent victim obtains exclusive parental authority. Remember, there is a specialization in the field of personal rights, which includes family law, minors, and estates. Be careful, however, not to choose a lawyer who is too close to you.

Using a lawyer because he is your friend or a member of your family can be a very bad calculation (let alone if he is not specialized in the area of family law). That is because he may lack the distance and objectivity necessary to allow him to handle your business , and you may be more reluctant to entrust him with specific elements and information.

Corporal injury on a spouse can be: jostling, hit with or without objects, strangulation, and any other physical act intended to hurt the partner. Also, the victim may urgently apply for a “protection order” in which the family justice judge will rule on: the allocation of marital housing to the victim except in exceptional circumstances, the exercise of parental authority for the custody of the children, the setting of possible alimony, etc. Remember, when you entrust your file to a lawyer specialized in handling these cases, you automatically benefit from the assistance of a team of professionals whose sole purpose will be to help you obtain the result in your family dispute.

Each year, more and more women are victims of both physical and psychological violence. When you are a victim of domestic violence, it is necessary to go to the police station and file a complaint, at least to note your injuries by a doctor (with a medical certificate). We know that it is not always so simple to complain (because of guilt, financial dependence, social pressure, attachment to one’s spouse, family background, etc.). Different measures can also be taken by the courts to ensure the safety of the victim and his / her children.

If you want to sue your abusive spouse, bring all the evidence you may use against them. The penalties (fine and imprisonment) incurred by the perpetrator vary according to the severity of the violence and the circumstances of their commission. The victim may prefer to leave the marital home with his / her children, providing the reasons for his / her departure, at the time of the filing of a report at a police station or of a judicial information report to the court.

A criminal procedure aims to convict the perpetrator of domestic violence, in the criminal court, depending on the severity of the abuse. A victim of domestic violence is therefore advised to be assisted by a lawyer. The court will also have to decide on the compensation to be awarded to the victim. Also, many associations exist to help women or men who are victims of domestic violence.