Experienced Domestic Violence Defense Lawyer In Los Angeles
Aggressive defense strategies for restraining order challenges, false accusation cases, and criminal court representation.
Los Angeles Domestic Violence Attorney
A domestic violence arrest in Los Angeles moves fast — within hours you may be removed from your home, separated from your children, and prohibited from all contact with the alleged victim, before a single piece of evidence has been reviewed. At The Law Offices of Arash Hashemi, we understand the urgency of what you are facing. Attorney Arash Hashemi is a Los Angeles criminal defense lawyer with over 20 years of experience defending clients against domestic violence charges. Whether you are facing a misdemeanor charge or a serious felony, we move immediately to challenge the evidence, contest protective orders, and protect your rights at every stage. Contact our office now for a free, confidential consultation.
What Is Considered Domestic Violence in California?
Under California law, domestic violence charges can be filed between:
- Current or former spouses and registered domestic partners
- Current or former boyfriends and girlfriends
- Co-parents and individuals who share a child
- Cohabitants and former cohabitants (roommates or live-in partners)
- Close family members related by blood, adoption, or marriage
Domestic violence is not a single charge — it is an umbrella term that encompasses a range of criminal offenses depending on the nature of the alleged conduct:
- Corporal injury on a spouse or cohabitant (Penal Code § 273.5) — felony
- Domestic battery (Penal Code § 243(e)(1)) — misdemeanor
- Criminal threats (Penal Code § 422)
- Stalking (Penal Code § 646.9)
- Violation of a protective or restraining order (Penal Code § 273.6)
- Child abuse or endangerment (Penal Code § 273a / § 273d)
- Elder abuse (Penal Code § 368)
What to Expect After a Domestic Violence Arrest
Arrest & Booking
When law enforcement responds to a domestic violence call, officers are required to make an arrest if they believe any form of abuse occurred. This often happens without a full investigation, meaning you can be taken into custody based on a single accusation. Once arrested, you will be booked, fingerprinted, and photographed, and your personal information will be entered into the system.
Arraignment & Bail Hearings
After an arrest, you will attend an arraignment, where the charges against you will be formally presented, and you will enter a plea. If bail is required for your release, a bail hearing will be held to determine the amount. In some cases, the court may deny bail, requiring you to remain in custody. A domestic violence lawyer can argue for reasonable bail terms or alternative release options to minimize time spent in jail.
Pretrial Proceedings & Evidence Gathering
During the pretrial phase, both the prosecution and defense gather evidence, including police reports, witness statements, medical records, and text messages. Your attorney will review all evidence against you, looking for weaknesses in the prosecution’s case. Pretrial motions, such as motions to suppress unlawfully obtained evidence, may be filed to challenge certain aspects of the case and improve your chances of a favorable outcome.
Trial Process & Sentencing in Domestic Violence Cases
If your case goes to trial, both sides will present their arguments, question witnesses, and introduce evidence. The prosecution must prove beyond a reasonable doubt that domestic violence occurred. A skilled domestic violence lawyer will challenge inconsistencies in the accuser’s statements, cross-examine witnesses, and present evidence supporting your defense. If convicted, sentencing will follow, potentially resulting in jail time, fines, probation, mandatory counseling, or restraining orders. In some cases, your attorney may negotiate reduced charges or alternative sentencing options to avoid the most severe penalties.
How Los Angeles Prosecutors Handle Domestic Violence Cases
One of the most important things to understand about domestic violence prosecutions in Los Angeles is this: the alleged victim does not control whether charges are filed or dropped. In California, the decision to prosecute rests entirely with the District Attorney’s Office or the City Attorney’s Office — not with the accusing party.
This means that even if the alleged victim recants, refuses to cooperate, or publicly states that the accusations were false or exaggerated, prosecutors may still move forward with the case. Los Angeles prosecutors are trained to pursue domestic violence charges aggressively, and they have tools at their disposal specifically designed to build cases without victim cooperation — including:
- 911 call recordings and statements made at the scene
- Photographs of injuries, property damage, or the scene
- Testimony from responding officers and neighbors
- Medical records documenting injuries
- Prior incidents, calls to police, or protective orders on record
- Text messages, emails, voicemails, and social media communications
Attorney Hashemi has spent two decades understanding how Los Angeles prosecutors build domestic violence cases — and he uses that knowledge to challenge their evidence, expose weaknesses, and fight for the best possible outcome on your behalf.
Penalties for Domestic Violence Convictions in Los Angeles
Domestic Battery (Penal Code § 243(e)(1)):
- Up to 1 year in Los Angeles County Jail
- Fines up to $2,000
- Up to 3 years of informal probation
- Mandatory completion of a 52-week batterer’s intervention program
- Permanent criminal record
Corporal Injury on a Spouse or Cohabitant (Penal Code § 273.5):
- 2, 3, or 4 years in California state prison
- Fines up to $6,000
- Felony probation with strict conditions
- Mandatory 52-week batterer’s intervention program
- Lifetime ban on owning or possessing firearms under California and federal law
Enhanced Penalties Apply When:
- Serious bodily injury was inflicted (+3 to 5 years)
- A child was present during the incident
- You have prior domestic violence or violent crime convictions
- A weapon was used during the alleged incident
- The alleged victim was pregnant at the time
A domestic violence conviction also triggers mandatory reporting obligations, impacts professional licenses, and can be used against you in future family law proceedings. Attorney Hashemi fights at every stage to minimize or eliminate these consequences.
Legal Defenses to Domestic Violence Allegations
False accusations are a frequent issue in domestic violence cases. Many allegations stem from jealousy, revenge, or disputes over child custody or divorce proceedings. If you have been falsely accused, we can gather evidence to challenge the claims, such as text messages, emails, witness testimony, or inconsistencies in the accuser’s statements.Demonstrating that the accusations were made for personal gain or out of anger can be a strong defense.
Self-defense is a valid defense in domestic violence cases. If you acted to protect yourself from immediate harm, we can argue this in your defense. Our legal team gathers evidence to support a self-defense claim, including witness statements, medical reports, and prior threats from the accuser. We work to demonstrate that your actions were a necessary response to a threat rather than an act of violence.
Lack of evidence can weaken the prosecution’s case. Domestic violence charges often rely on one person’s word against another, without physical evidence to support the claims. If there are no visible injuries, conflicting witness statements, or missing medical reports, we can argue that there is insufficient proof to support a conviction. Highlighting inconsistencies and gaps in the prosecution’s case can be an effective defense strategy.
No intent or accidental contact may also serve as a defense. In some situations, an argument may escalate, but physical contact was accidental rather than intentional. For example, a person may have brushed against or pushed someone away without intending harm. If there was no intent to commit violence, we can present evidence to challenge the charges.
Police misconduct or rights violations can result in an unfair arrest. Law enforcement must conduct a fair and thorough investigation before making an arrest. If the police failed to interview all witnesses, ignored crucial evidence, or violated your constitutional rights, we can challenge the legality of the arrest. Any unlawful searches, improper questioning, or failure to read your Miranda rights could result in the dismissal of your charges.
Each domestic violence case is unique, and the right defense strategy depends on the specific circumstances. Our domestic violence attorney will analyze every detail of your case to develop the strongest possible defense, ensuring that your rights are protected throughout the legal process.
Long-Term Consequences of a Domestic Violence Conviction
Beyond jail time and fines, a domestic violence conviction in Los Angeles creates a cascade of consequences that touch every aspect of your life. Attorney Hashemi fights to protect you from all of them.
- Child Custody and Visitation: Family courts in Los Angeles treat domestic violence convictions as a significant factor in custody determinations. A conviction can result in loss of custody, supervised visitation only, or permanent restrictions on your parental rights.
- Firearms: Both California and federal law permanently prohibit anyone convicted of a domestic violence offense — even a misdemeanor — from owning, possessing, or purchasing firearms. This ban is lifetime and applies nationwide under the federal Lautenberg Amendment.
- Immigration: Non-citizens face severe immigration consequences. Domestic violence convictions are classified as crimes involving moral turpitude and crimes of domestic violence under federal immigration law, triggering mandatory deportation and permanent bars to re-entry.
- Professional Licenses: Healthcare workers, teachers, law enforcement officers, attorneys, and licensed contractors face mandatory reporting requirements and risk license suspension or permanent revocation following a domestic violence conviction.
- Employment: Background checks will reveal a domestic violence conviction. Many employers — especially those working with vulnerable populations, children, or in positions of trust — will not hire individuals with this type of record.
- Military Service: Active duty service members and veterans face potential discharge proceedings, loss of security clearances, and loss of military benefits following a domestic violence conviction.
- Restraining Orders: A criminal protective order issued in connection with your case may remain in effect for up to 10 years following a conviction, permanently restricting where you can live, work, and travel.
How The Law Offices of Arash Hashemi Can Help
Domestic violence charges strike at the most personal areas of your life — your home, your family, your relationships, and your reputation. Attorney Hashemi takes that seriously and brings over 20 years of Los Angeles criminal defense experience to every case he accepts.
- 20+ Years of Los Angeles Courtroom Experience — Attorney Hashemi has handled hundreds of domestic violence cases across Los Angeles County, from misdemeanor battery charges to complex felony prosecutions, and brings that depth of experience to every client he represents.
- Direct, Personal Representation — When you retain our firm, you work directly with Attorney Hashemi from your first call to the final resolution of your case. You are never handed off to a junior associate or left wondering what is happening with your case.
- Strategic Early Intervention — Some of the most critical defense work happens before charges are formally filed. Our domestic violence attorney contacts the prosecuting agency early, presents exculpatory evidence, and challenges the arresting officer’s report to pursue reduced or dismissed charges before the case ever reaches a courtroom.
- Protective Order Modification — If a criminal protective order is keeping you from your home or your children, Attorney Hashemi moves quickly to seek modification or partial lifting of the order where legally appropriate.
Contact a Los Angeles Domestic Violence Attorney
If you are facing domestic violence charges in Los Angeles, every hour matters. A conviction can mean jail time, fines, restraining orders, loss of gun rights, and a permanent criminal record that follows you for life. Even if the accusations are false or exaggerated, prosecutors aggressively pursue these cases — often moving forward even after the accuser wants to drop the charges.
Attorney Arash Hashemi will personally review your case, challenge weak evidence, and build a defense strategy focused on protecting your freedom, your family, and your future. Whether that means getting charges dismissed before they are filed, negotiating reduced penalties, or fighting for you at trial — we are ready to stand by your side.
Schedule Your Free Consultation Today
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We’re conveniently located in the Westside Towers, serving clients across Los Angeles, Santa Monica, Beverly Hills, and Westwood. Let us fight for your rights and help you move forward with confidence. Contact us today.