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Family Violence Unit
The Los Angeles City Attorney’s Office takes domestic
violence cases very seriously. We prosecute domestic
violence cases vigorously and we provide support services
to victims of domestic violence throughout the criminal
justice process.
What is Domestic Violence?
Domestic Violence is the use of violence,
or the threat of violence to gain power
and control over an intimate partner. An
intimate partner includes a spouse,
a former spouse, a live-in partner or
former live-in partner, a boyfriend
or girlfriend or a former boyfriend
or girlfriend, or a parent of a child
in common. Domestic Violence is
a crime.
Domestic Violence is often accompanied
by other kinds of abuse including emotional
abuse, financial abuse, sexual abuse,
animal abuse, psychological abuse and
verbal abuse. Certain kinds of
abuse, like sexual abuse and animal abuse,
are also crimes. Other kinds of
abuse, like verbal abuse, are not crimes. Whether
or not the abuse is a crime, it is often
part of a larger pattern of conduct used
to gain power and control.
Victims of domestic violence are often
told that the violence and abuse directed
at them is their fault. It is not. If
you are the victim of domestic violence,
it is not your fault.
As part of the City Attorney’s
Office commitment to end domestic violence,
we have created a special Family Violence
Unit. The Family Violence Unit handles
our most serious domestic violence cases. Cases
assigned to the Family Violence Unit are
handled by a team of professionals including
a Prosecutor, an Investigator and a Victim
Advocate. Victim Advocates assist
domestic violence victims as the case
goes through the criminal justice system. They
can assist victims in locating emergency
shelter and other support services. Victim
Advocates can also help domestic violence
victims contact the Victim-Witness Assistance
Program so that they can obtain financial
assistance.
FAMILY VIOLENCE EMERGENCY
SERVICES
If you are or have been
the victim of violence from an intimate
partner, a former partner, a boyfriend
or girlfriend, former boyfriend or girlfriend
or other family member, you are the victim
of a crime.
No matter what anyone says, another person’s
violence IS
NOT YOUR FAULT AND YOU HAVE A RIGHT TO
BE SAFE.
If you or your children
are in danger right now or you have been
harmed by your partner, former partner,
live-in partner, former live-in partner
or parent of your child, call 911.
If you are in need of
emergency shelter, support services or
just someone to talk to, there are many
24-hour hotlines, in almost all languages,
staffed with people who understand domestic
violence can help you. Call the
Domestic Violence National Hotline at
1-800-799-SAFE (7233); TDD 1-800-787-3224
and they will direct you to services in
your area. All calls are free and
confidential.
If you are between the
ages of 13-18 and need support services
or if you just need someone to talk to
about teen dating violence call 1-866-331-9474;
TDD 1-866-331-8453.
All calls are free and confidential.
How A Misdemeanor Domestic Violence Case
Goes Through The Criminal Justice System
The City Attorney’s Office receives
cases from the Los Angeles Police Department. When
cases are brought to our office, a deputy
trained in filing cases reviews the police
report and any other additional evidence
to determine whether there is proof beyond
a reasonable doubt that a crime occurred.
Depending upon his or her review of the
evidence, the City Attorney’s Office
may, or may not, file a criminal case
against the person who was arrested. It
is important to understand that the victim
of a crime does not make the decision
about whether or not to file a case. The
victim of a crime can not “drop
the charges.”
BACK TO FAMILY VIOLENCE EMERGENCY SERVICES
Arrest – The police may arrest
the suspect and hold him* in jail for
48 hours or until he can post bail. Note
that even if the police arrest a suspect,
he may be released from jail sooner than
48 hours. If you or your children
are not safe, please call a domestic violence
hotline and request assistance for emergency
shelter. Under certain circumstances,
at the time of arrest the police can obtain
an Emergency Protective Order (an “EPO”)
for the victim of a domestic violence
crime. That order, which is valid
for a specific time period, may order
the person arrested to stay away from
the victim and/or her children.
BACK TO FAMILY VIOLENCE EMERGENCY SERVICES
Arraignment – If criminal charges
are filed, the person arrested (now called
the Defendant) will either be brought
to court by the sheriff if he is in custody,
or ordered to appear in court if he is
not in custody. At the arraignment,
the defendant may plead guilty (admitting
the charges), no contest (not fighting
the charges) or not guilty. If he
pleads not guilty, the judge will set
a new court dates for a pre-trial hearing
and a trial. At arraignment, a victim
of a domestic violence crime can get an
order from the court ordering the Defendant
to stay away from her and/or her children. This
is called a Criminal Protective Order
(“CPO”).
*The use of “he” and “she” is
not intended to exclude any group or individual. Anyone
can be the victim or perpetrator of domestic
violence.
BACK TO FAMILY VIOLENCE EMERGENCY SERVICES
Master
Calendar Court – The case
will be called in this courtroom for a
pre-trial hearing. The defendant
may plead guilty or no contest at this
time or the case may proceed to trial.
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Trial
Court – If the Defendant
does not admit the offense by pleading
guilty or no contest, the case will go
to trial, usually before a jury. At
trial, witnesses, and maybe the Defendant,
will testify. If you are a victim
of domestic violence, you will likely
be called to testify. If you do
not speak English, the Court will provide
an interpreter for you. If you
have been served with a subpoena or ordered
by the Judge, you must appear in court
on the date and time indicated on the
subpoena. After all the evidence
has been submitted, the jury will decide
if the prosecution has proven the case
beyond a reasonable doubt. The majority
of cases do not go all the way to trial.
BACK TO FAMILY VIOLENCE EMERGENCY SERVICES
Sentencing – The Judge will determine
the sentence, including whether to send
the Defendant to jail. You have
a right to come to court to tell the judge
information that you feel may be helpful
in sentencing.
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City Attorney Hearing Program
If formal criminal charges are not filed
against the person arrested, the City
Attorney’s Office may set the case
for a City Attorney Hearing. The
goal of the Hearing Program in domestic
violence cases is to increase the safety
and security of victims of family violence
and their children by providing an effective
alternative to prosecution of misdemeanor
offenses in criminal court. If
the case is set for a hearing, both the
person arrested and the victim will receive
a letter informing them of when and where
a city attorney hearing will be held. At
the hearing, a Hearing Officer will review
the case, educate the parties about the
law and provide resources and referrals
as needed.
BACK TO FAMILY VIOLENCE EMERGENCY SERVICES
FAQ’S
BACK TO FAMILY VIOLENCE EMERGENCY SERVICES
What is the difference between a misdemeanor
and a felony?
A misdemeanor is a crime that is punishable
by up to one year in the county jail. Crimes
that are punishable by death or imprisonment
in the state prison are felonies. California
also has crimes call “wobblers.” These
are offenses that can be charged as a
felony or a misdemeanor.
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What
is the difference between the Los Angeles
City Attorneys Office and the Los Angeles
District Attorney’s
Office?
While both offices prosecute crimes,
there are two important differences. First,
the City Attorney’s Office, headed
by City Attorney Rocky Delgadillo, prosecutes
crimes within the city limits of Los Angeles,
whereas the District Attorney’s
Office, headed by District Attorney Steve
Cooley, prosecutes crimes that occur throughout
the County of Los Angeles. Second, the
City Attorney’s Office prosecutes
misdemeanor offenses only. Felony
offenses are prosecuted by the District
Attorney’s Office.
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What kinds of crimes are considered domestic
violence crimes?
California Penal Code Section 273.5 is
the section that deals directly with injuries
caused by an intimate partner. However,
there are many other crimes that occur
when violence enters an intimate relationship. For
example, Penal Code section 243(e)(1)
[Battery against an intimate partner];
Penal Code Section 646.9 [Stalking]; Penal
Code Section 245 [Assault with a Deadly
Weapon]; Penal Code Section 602 [Trespass];
Penal Code Section 459 [Burglary]; Penal
Code Section 594 [Vandalism]; Penal Code
Section 273.6 [Violation of a Domestic
Violence Protective Order].
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Do I have to be the victim of domestic
violence in order to call a hotline?
No, hotlines can help friends and family
members of domestic violence victims as
well. Sometimes it is hard to know
what to say or do. A trained advocate
answering a domestic violence hotline
can assist you in helping someone you
know. You don’t have to tell
anyone your name when you call a hotline,
all calls are confidential.
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How can I find the telephone number of
a domestic violence hotline?
Call the National Domestic Violence Hotline
at 1-800-799-SAFE (7233); TDD 1-800-787-3224
and they will direct you to services in
your area. All calls are free and
confidential.
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What do I do if I do not speak English?
The National Domestic Violence Hotline
can speak to you in your native language
and can direct you to culturally sensitive
services in your area.
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Will my batterer find me if I go to a
shelter?
The location of domestic violence emergency
shelters is confidential. Willful
disclosure of the location of a domestic
violence emergency shelter is a crime.
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Can a domestic violence victim drop the
charges?
No, a victim or witness to a crime can
not drop the charges in a criminal case. Unlike
a civil case, a victim is not a party
to the criminal litigation. The
decision about whether to proceed with
a criminal case belongs to the prosecutor
and/or the Judge.
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What
if the only time he hits me is when
he is drinking? What if all he
needs is to go to an alcohol program?
Alcohol and drugs may be present during
episodes of domestic violence. However,
there is no excuse for domestic violence. Domestic
violence is a crime whether or not he
is using drugs or alcohol. The reason
he is using drugs or alcohol is separate
from the reason he is using violence against
you.
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