Mel Gibson, Los Angeles and Domestic ViolencePosted on: August 26, 2010 at 11:49 p.m.One cannot think of domestic violence without thinking of the ongoing Mel Gibson case involving his former girlfriend and the mother of one of his children, Oksana Grigorieva. Many Los Angeles Domestic Violence Defense Attorneys are paying special attention to the case because it is both high profile and could have serious ramifications on domestic abuse laws. Mel Gibson's case has now gone to the Los Angeles District Attorney, who will pay special attention to the case, in part because it is a high profile case and in part because it is an election year. The accusations against Mr. Gibson are many, but here are some of the details:
Domestic violence is such a serious crime because it can impact both the long term freedom of the defendant as well as an individual's career options, child custody and place in the community. One thing that the woman in this particular case is trying to do to Mel Gibson is take away all of his child custody from the daughter they had together. Additionally, due to the terrible nature of this case, Gibson's film career is essentially finished. His reputation is permanently destroyed, and regardless of the facts he will always be seen as an abusive, racist individual who hits women. Fighting against such a reputation is absolutely necessary, which is why a highly skilled Los Angeles Domestic Violence Defense Attorney is absolutely necessary in any case involving domestic abuse. At Kestenbaum Eisner & Gorin, LLP, our Los Angeles Domestic Violence Defense Attorneys possess the knowledge, skill and successful track record necessary to build the best defense possible for your case. We utilize the best experts in investigations and psychology to help build your case. If you have been accused of domestic abuse, contact our lawyers today by calling 877-781-1570 today. Tagged as: domestic violence pc 273_5 ESPN and Domestic BatteryPosted on: August 23, 2010 at 10:21 p.m.Any Los Angeles Criminal Defense Attorney will tell you that being charged with any form of domestic violence can ruin your life in the short and long term. Many domestic violence cases in Los Angeles involve here-say (he said, she said) but the laws heavily favor the victim and/or accuser, making it very difficult to effectively defend against such charges. Even if someone is falsely accused, or if the accuser rescinds the charges, police must investigate any domestic violence accusation. This is just one of the reasons why a Los Angeles Criminal Defense Attorney must be contacted the instant you are arrested for any such crime. An ESPN commentator was recently accused of domestic violence. Jay Mariotti, who is regularly on ESPN productions, was released from jail on a $50,000 bond after being arrested on suspicion of felony domestic assault at about 4:00 am Saturday morning. He allegedly struck his girlfriend after an incident in Santa Monica, CA. The two exchanged "harsh words" according to sources and media outlets after Mariotti suspected his girlfriend of flirting with another man. Police were called to the apartment and found his girlfriend with cuts and bruises, allegedly from the ESPN announcer grabbing her and tearing something off of her ear. For Los Angeles Criminal Defense Attorneys representing people accused of domestic violence, getting every fact straight and every witness interviewed is absolutely necessary. For your lawyer to be effective, he must know every detail, including people who may have been around you during the alleged incident. Creating an effective defense involves having all the facts handy. In this instance, finding a Los Angeles Criminal Defense Attorney you can trust can be the difference between spending years in prison and living as a free man. If you or someone you know has been charged with domestic violence in Southern California, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570 today. Trying to battle against police, prosecutors and judges on your own could prove too difficult, and using a public defender will most likely not be enough to get the job done. Tagged as: domestic violence pc 273_5 Mel Gibson and Los Angeles Domestic ViolencePosted on: July 28, 2010 at 9:27 p.m.Los Angeles Criminal Defense Attorneys understand that any criminal investigation is a progressive situation. It is far too easy for a person to make a snap judgment while watching a TV show, thinking they know the whole story. The Domestic Violence case involving Mel Gibson and his former lover Oksana Grigorieva is a perfect example of how difficult it can be for a Los Angeles Criminal Defense Attorney understands that until the police have spoken with both sides of the discussion, checked the medical records, spoken to a psychologist and more, the case has not been decided. To make matters more complicated to any outside observer, a highly skilled lawyer can provide excellent legal representation in spite of a police investigation. A good lawyer knows that just because the police claim someone is guilty, it does not mean they are guilty. There are countless cases of spouses making false claims over an argument that occured, or simply to make sure they get custody of the children involved in the case. People facing Domestic Violence charges can suffer severe consequences. Losing the right to see your children, years in prison, heavy fines, restitution, child support, spousal support, restraining orders and more can all be handed down by a judge in order to protect the alleged victim of any Domestic Violence case. Without a skilled Los Angeles Criminal Defense Attorney protecting your rights before, during and after a trial, you will be left to the mercy of a judge and/or jury. If you are facing a Domestic Violence charge, contact Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. Our Los Angeles Criminal Defense Attorneys will work tirelessly to protect your rights and your future. Tagged as: domestic violence pc 273_5 Los Angeles Domestic AssaultPosted on: July 22, 2010 at 4:48 p.m.Los Angeles has been the site of some pretty high level celebrity legal news lately, most of it involving domestic abuse and domestic assault. In three very different case, three different celebrities have had to face law enforcement for their alleged actions involving their spouses or significant others. Each of these individuals has required the skill and knowledge of a highly qualified Los Angeles Domestic Violence Defense Attorney. The first case of Domestic Violence involves Michael Lohan, father of recently jailed Lindsay Lohan. Michael Lohan had to appear in a New York court recently for allegedly attacking his fiancee Kate Major who claimed that Lohan kicked her in the face and threatened to kill her. A judge recently issued a Temporary Order of Protection against Lohan in connection with the claims. Michael Lohan claims that his fiancee was drunk at the time and he never struck her. When a Los Angeles Domestic Violence Defense Attorney represents someone in such a situation, he may instruct the defendant to make as few comments as possible to the press because of potential legal issues. In a more publicized case, Mel Gibson is utilizing the skill of a Los Angeles Domestic Violence Defense Attorney in his efforts to stay out of jail. His former significant other Oksana Grigorieva is claiming he hit her and made threats against her. Tapes of Gibson threatening the woman are on the Internet, and she is alleging he punched her in the face. X-rays, dental visits and doctor's records are all being taken into consideration in this case. In the most recent domestic violence case, former Color Me Badd singer Bryan Adams was arrested after a fight with his wife occurred in Honolulu. He allegedly threw the woman across the room and was arrested on suspicion of harassment and later released. Adams has had previous run-ins with the law, having been arrested in 2008 on domestic abuse charges after allegedly threatening to kills his then girlfriend. As you can see, the details in each of these cases often involve "he said, she said" issues where each spouse is claiming different versions of the events in question. When a Los Angeles Domestic Violence Defense Attorney sits down with his client, he has to weight how damaging the testimony of the other side will be toward his client. In some cases it might be best to settle or make a plea agreement, in other cases it might be right to fight the charges hard. If you or someone you love has been charged with domestic abuse, contact the Los Angeles Domestic Violence Defense Attorneys at Kestenbaum Eisner & Gorin, LLP at 877-781-1570. We can help you protect your rights and fight for your freedoms. Tagged as: domestic violence pc 273_5 Los Angeles Domestic ViolencePosted on: June 29, 2010 at 7:36 p.m.Domestic violence is a serious matter and poses threats to individuals, families and communities. Judges, juries and prosecutors have very little tolerance for such crimes, and often hand down severe penalties for people accused of verbally, sexually or physically abusing a close relation. However, not everyone accused of such a crime is guilty, or worthy of the kinds of severe punishments handed down by courts. In instances where people are falsely accused, or where the prosecution is treating a crime as far more severe than they ought to, a Los Angeles Criminal Defense Attorney is absolutely necessary to provide adequate legal representation. Domestic Violence in L.A.A woman was accused recently of beating, starving and tying up her two small children so she could sleep better at night. This Orange County case involves two counts of child abuse. The woman is being held in a Santa Ana jail in lieu of $100,000 bail, and was ordered booked on charges of willful cruelty to a child and possible injury or death and inflicting injury upon a child. Police were called in by the woman's landlord and found her two emaciated young boys (ages 2 and 5) with bruises all over their bodies, swollen limbs and bumps on their heads. The woman admitted to striking the children (a form of domestic violence), but she allegedly did not think she was hitting them that hard.Los Angeles Criminal Defense AttorneyCrimes such as these sound brutal, and the press will portray mothers and fathers who commit domestic violence as animals, or unloving monsters. However, as any Los Angeles Criminal Defense Attorney knows, these stories are often far more complex than any reporter, judge or prosecuting lawyer is willing to admit. When someone is charged with domestic violence, it could be for quite a few reasons:
If you or someone you love is facing domestic violence charges, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. Tagged as: domestic violence pc 273_5 Keegan Accused of Domestic AbusePosted on: September 21, 2009 at 3:51 p.m.Los Angeles criminal defense attorneys represent celebrities and popular figures on a regular basis, often from very serious criminal charges. Most people assume celebrities have it easier than the rest of us. In many ways they might. If, however, they make mistakes or have disputes with significant others, celebrities are in the altogether unenviable position of dealing with intense media scrutiny. Such is the case for actor Andrew Keegan whose former girlfriend is accusing the “10 Things I Hate About You" star of attacking her and recently asked a Los Angeles judge for a restraining order that would bar Keegan from going within 100 yards of her. Kristi Parrales, a swimsuit model, claims Keegan violently attacked her on two separate occasions, has started turning up at her place of business and even went so far as to slash her tires when she had him thrown out. Keegan, for his part, claims he was in Las Vegas the weekend Parrales has accused him of slashing her tires. While no domestic abuse or assault charges have been filed by Parrales, Keegan still has to endure the scrutiny that comes with a story like this being circulated by the media. Domestic violence allegations are investigated and taken very seriously in Los Angeles. Domestic abuse or domestic iolence is any violence between a married or cohabitating couple, people who are formerly or currently dating or people who have children or a child in common. While physical violence is the hallmark of domestic abuse, threatened violence, intimidation, verbal abuse and stalking are also considered domestic violence. Most domestic violence charges in Los Angeles can be either misdemeanor or felony criminal offenses, depending on the severity of the case. Severe bodily injuries such as broken bones or severe cuts are nearly always classified as felony offenses, subjecting the defendant to much harsher punishments in the event of a conviction. In Los Angeles, even if the victim of domestic violence decides not to press charges, the Los Angeles police department can still arrest and prosecute the alleged perpetrator. A conviction for a misdemeanor domestic violence charge can land you in a county jail for up to six months and may also require community service, restraining orders and a 52-week counseling program. If you are convicted of a felony domestic violence charge in Los Angeles, you might be sent to either a county jail or a state prison for anywhere from three months to three years, in addition to restraining orders, community service and counseling. If you have been accused of domestic violence in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have a combined 50 years of courtroom experience in defending against domestic violence charges. Let us fight for your reputation and freedom. Tagged as: domestic violence pc 273_5, high profile defense Merriman Charged with BatteryPosted on: September 9, 2009 at 8:14 a.m.Domestic violence is a serious Los Angeles crime, and any Los Angeles criminal defense attorney will tell you that the consequences can be dire. Whether you are a celebrity, a politician or a plumber, being convicted of battery towards a loved one can land you in jail. There is a thin line between restraining someone and battery, as San Diego Chargers player Shawne Merriman has recently discovered. Star football player Merriman was arrested this past Sunday at his own home after reality star Tila Tequila (real name Tila Nguyen) called local police shortly before four in the morning and accused Merriman of both choking her and restraining her as she tried to leave his San Diego-area home. Merriman claims he was trying to prevent Tequila from driving under the influence of alcohol as she left his home. Tequila signed a citizens arrest warrant, formally charging Merriman with battery and false imprisonment, both of which could be tried as felony criminal offenses. Paramedics called to the scene did not report any injuries to Tequila at the time. She was taken to a local hospital and left two hours later. In Los Angeles, battery is defined simply as any unwanted touching or striking of another person or anything connected to that person. Each case is different, however, and depending on the circumstances battery could be classified as either a misdemeanor criminal offense or a felony. Punishments for a battery conviction in Los Angeles can include county jail or state prison time, fines, probation or parole, anger management classes, the loss of your drivers license, or any combination of all five. The especially dangerous thing about a battery conviction is that if it is classified as a felony criminal offense, it could count as a strike under Los Angeles Three Strikes laws. In those cases, three or more convictions for eligible felony offenses could land you in a state prison for life. Even before that third felony offense, multiple felony convictions could lead to enhanced sentencing, meaning longer prison or jail terms, higher fines and longer probation or parole terms. If you have been charged with battery in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have over 50 years of combined courtroom experience in defending against battery charges. Some of the best defenses against battery charges in Los Angeles include self defense, or, as in Merrimans case, lack of intent. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Former Los Angeles Dodger Charged With Domestic ViolencePosted on: July 13, 2009 at 1:55 p.m.Domestic violence is Los Angeles is a serious crime, and Los Angeles domestic violence lawyers must work overtime to defend anyone accused of abusing their spouse or family in any way. Former major league baseball player Los Angeles Dodger and New York Yankee Jim Leyritz has been arrested in Florida for domestic battery against his ex-wife. Details of the incident are conflicting with Leyritzs wife insisting he both struck her across the face and pushed her against a wall. Leyritz insists his ex-wife was drunk and hurt herself. The couple has three children who were sleeping when police arrived. This is bad news for Leyritz who is scheduled to undergo trial in just two months for a DUI manslaughter charge stemming from a 2007 collision in which police claim he was driving drunk when he caused a fatal car accident. Domestic violence can include a wide range of activities, all of which are serious criminal offenses in Los Angeles: hitting, slapping, harassment, verbal or sexual abuse, pinching, stalking, financial abuse (such as refusing to pay bills or withholding money) and even isolating a victim from friends or family. Domestic violence crimes can be classified as either a misdemeanor or a felony, depending on the severity. Possible sentences for a conviction can also vary widely depending on the offense. Potential jail time, community service, counseling and Stay-away orders are all commonly handed down in domestic violence cases. In Los Angeles, domestic violence charges also do not depend on the victims willingness to press charges. Even if a victim decides not to, Los Angeles police can still charge someone with domestic violence if they find sufficient evidence of it, and can call the victim as merely a witness in their case against the defendant. Domestic violence is a charge that can take away your freedom and ruin your reputation when your friends and neighbors hear about it. Do not let yourself be put in that position. If you have been charged with any form of domestic violence, even physical violence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. They have a combined 50 years of experience in criminal defense with a vast knowledge of domestic violence in particular. Let us fight for you. Tagged as: domestic violence pc 273_5 Domestic Violence in Los AngelesPosted on: February 25, 2009 at 10:53 a.m.Los Angeles domestic violence attorneys, such as those at Kestenbaum, Eisner & Gorin, regularly defend individuals charged with serious domestic violence charges. This crime carries with it serious jail time, fines, counseling, probation and more. Finding a qualified Los Angeles domestic violence attorney who knows how difficult it can be to navigate the law is important. The term domestic violence covers all manner of violence or abuse that takes place in a home or domestic setting. Typically, domestic violence is most often thought of as spousal abuse. However, domestic violence also includes verbal, physical or sexual abuse of children in a domestic situation, or even between siblings. It is a common belief that the victim of domestic violence can decide to either not prosecute or drop charges in their respective cases. This is a misconception. If law enforcement officials arrive at the scene and find evidence of abuse such as injury to the victim, then charges of domestic violence will be made by law enforcement officials and the suspected abuser arrested. Domestic violence charges can include: assault & battery, criminal trespassing, harassment, reckless endangerment, restraining order violations, sexual assault, spousal rape, stalking, kidnapping and false imprisonment. While the home is considered a private place, charges of domestic abuse or violence bring actions into the very public arena of a court of law. Criminal convictions can and do stay on your permanent record to follow you around for the rest of your life. Hiring an experienced Los Angeles criminal defense attorney right away is the smartest thing you can do for yourself if you have been charged with any kind of domestic violence. Domestic violence offenses are typically tried as misdemeanors, but can, in some instances, be tried as a felony if the defendant sexually abused or assaulted a minor, or if substantial bodily injury was caused to the victim. If you are tried and, indeed, convicted on a charge of domestic violence, penalties can include: prison time, restitution, large monetary fines, community service, probation, parole and court-ordered counseling. Los Angeles domestic violence cases can be very murky water for a defendant to wade through. Restraining orders may be filed limiting the defendants access to their own home, or contact with their spouse or children. Restraining orders or protection orders are strictly enforced and any violation of them can result in further criminal charges. If you or someone you know has been charged with a domestic violence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away. Their combined 50 years of criminal defense experience will be a great asset in maintaining your freedom and good reputation. Tagged as: domestic violence pc 273_5 The Grammy's and Domestic ViolencePosted on: February 10, 2009 at 7:19 a.m.Domestic violence is a crime looked down upon by Los Angeles area courts and heavily condemned by the media and the public. Los Angeles criminal defense lawyers know that domestic abuse and domestic violence is a seriously emotional matter that is usually far more complex than almost any other crime. Domestic violence defense lawyers in Los Angeles regularly counsel and advise people who are facing domestic violence charges and educate them on the law, the inner workings of Los Angeles area courts and how to behave during trial. While domestic violence involves everyday people, it also impacts the lives of the rich and famous. Popular actors and musicians often wrestle with this issue. In fact, Grammy nominated artists have had recent struggles. Los Angeles police have confirmed that Chris Brown is being investigated for felony domestic battery. Per department policy, police are declining to identity the alleged victim. The incident occurred around 12:30 a.m. Sunday in the Hancock Park area of Los Angeles. Earlier in the evening, Brown and Rihanna were all smiles while attending Clive Davis' annual pre-Grammy bash together. In a statement, police say Brown and his companion "became involved in an argument. After stopping his car, Brown and the woman got out and the argument escalated. The woman suffered visible injuries and identified Brown as her attacker." By the time officers arrived on scene, Brown had split. There has been no immediate comment from his publicist, and he has canceled his scheduled performance at tonight's awards. Rihanna's publicist, Amanda Silverman, said that the "Disturbia" singer was involved in a traffic mishap but "is fine." In a statement, the Recording Academy announced that Rihanna would not be performing as scheduled at tonight's show. "We're sorry she is unable to join us this evening." Domestic violence is a crime that carries significant legal and personal consequences. If convicted of a domestic violence felony in Los Angeles, you could be punished with imprisonment, restitution, large fines, community service, probation, parole and/or court ordered counseling. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Los Angeles Domestic Violence Attorneys: Can Domestic Violence Charges Be Dropped?Posted on: February 8, 2009 at 3:22 p.m.It is a common misconception that the person reporting the domestic violence charges has the right to decide whether or not to press charges. Once the police get involved it is no longer in the complaining party's control. Instead, it is now up to the prosecutor to decide whether or not the case goes to jury trial. The testimony of your partner or the individual claiming domestic violence can be very important to your case. Where the complaining party does not wish to prosecute, it is important that you retain an experienced and knowledgeable attorney to help you because he/she may be able to speak to the prosecutor to prevent the filing of the case in the first place. Even if the witness isunavailable for trial, his or herstatements that were made to the police or the 911 operator at the time of the incident may be admissible in court - even if the complaining witnesswants to drop the case. This is an exception to the normal "hearsay" rules governing testimony that is admissible in trial. "Hearsay" refers to any statements that are made outside of the court but are brought into the court as evidence of the alleged claim. California Evidence Code Section 1240 allows for statements made outside of court by the complaining party to be admitted in court as evidence so long as he/she was describing the events that he/she was viewing or experiencing at the time the statement was made. This would include 911 calls made at the time of the incident. California also has a "fresh complaint" hearsay exception which allows any statement to be admitted into court as evidence that is regarding a complaint made by your partner or the person claiming domestic violence. This does not include any responses given to questioning, but it would typically include the initial statement of complaint made to the police. These statements can be used against you as evidence to the offense that was allegedlycommitted. However, experienced criminal lawyers understand how to argue against these exceptions being used -which is why it is imperative that you obtain professional legal assistance. Our domestic violence attorneys in Los Angeles have over 50 years experience defending charges including violations of California Penal Code Section 243(e) and 273.5 -- all battery and violence charges including misdemeanor and felonies arising from domestic abuse claims. Tagged as: domestic violence pc 273_5 A High-Profile Domestic Violence MatterPosted on: October 20, 2008 at 10:06 a.m.Domestic violence is physical or verbal abuse that occurs within a family or intimate relationship. Incidents of domestic violence may happen only once, or over an extended period time. Violence of this nature may occur between spouses, boyfriends, girlfriends, parents, or siblings. In most domestic violence cases, physical force and/or verbal abuse is used to instill fear in the victim. For this reason, many domestic violence incidents are not reported to law enforcement. A very high-profile personality in Los Angeles was arrested recently these chargers. Don Cornelius, the producer and former host of "Soul Train," was arrested at his San Fernando Valley home Friday night on suspicion of domestic violence, according to the Los Angeles Police Department. Officers were called to respond to Cornelius' home on Mulholland Drive for a domestic incident. After investigating, they arrested Cornelius, 72, for felony domestic violence and brought him to the Van Nuys jail, setting bail at $50,000. The Los Angeles District Attorney's Office focuses their efforts on such crimes. The Family Violence Division of the DA's office, which handles cases in Downtown Los Angeles and the surrounding areas, was created to deal with the most serious offenders and to sensitively help victims with the healing process. The Family Violence Division is comprised of specially trained attorneys who vertically prosecute spousal abuse, physical child abuse, and other domestic violence crimes. This means that one deputy district attorney handles each case from beginning to end. Domestic violence is usually classified as a misdemeanor offense. However, the offense may be categorized as a felony if the defendant sexually abused a minor, assaulted a minor, or caused substantial bodily damage to the victim. Once a person is convicted of domestic violence, he/she may be punished with: - imprisonment - restitution - large fines - community service - probation - parole - court ordered counseling If the defendant has a prior criminal offense on his/her record, he/she may be subject to enhanced criminal charges and sentencing if convicted. Kestenbaum, Eisner & Gorin, LLP is a criminal defense law firm that has been helping clients throughout Southern California contest their criminal charges and obtain superior results for years. Our skilled domestic violence attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients Tagged as: domestic violence pc 273_5 Former Child Star Wanted for Murder and Child AbductionPosted on: July 9, 2008 at 10:06 a.m.Defending charges involving a life sentence is challenging, but not impossible. Experienced Los Angeles criminal defense attorneys, especially who are former trial prosecutors, often undertake the defense of charges involving murder, manslaughter, and other types of homicide. Mark Everett, former star of such shows as "Pee Wee's Playhouse" and movies like "Stand and Deliver" is wanted by authorities for killing his live-in girlfriend and abducting their three-year-old son. Everett, whose real name is Manuel Benitez, began to sell drugs after his child acting career tailed off and hid this fact, and other elements of his past, from his then girlfriend. He'd been arrested before on drug charges and on weapon charges, and is now being pursued for these crimes. When individuals such as this former star compound matters by being arrested for unrelated crimes, it makes the job of the defense attorney that much more difficult. Judges and juries will rarely sympathize with a defendant if he demonstrates no remorse or flaunts an arrogant personality. An aggressive courtroom defense along with the assistance of jury consulting, a thorough defense investigation, and a relentless cross-examination of the state's evidence may lead to a reduced offense or a complete acquittal. Murder charges in California are covered under the state's Three Strikes laws , if the individual has a prior record, and carry sentences of life in prison or the death penalty if the crime is severe enough. Everett has been on the run for years. He is down but not out. A aggressive courtroom defense may save him a life behind bars, if his criminal lawyers demonstrate that the evidence is insufficient to prove his guilt. Tagged as: domestic violence pc 273_5, jury trial defense Domestic Violence: Felonies, Misdemeanors, and Rights to Child CustodyPosted on: June 17, 2008 at 4:26 p.m.Los Angeles Criminal Defense Attorneys frequently encounter cases where there are claims of domestic violence and abuse. These typically take the falls within one of two different scenarios: (1)a long-lasting abusive relationship or (2)unpredictable violence by one or both parties at the time of break up. The first scenario is a lot more serious, and leads to serious felony charging. However, the the second scenariou is typically isolated and does not recur if the parties do not reconcile. Charges of domestic violence are aggressively pursuen by Los Angeles prosecutors in the wake of OJ, and other cases, where the aggressor was not stopped, punished, and counseled before the homicide. As a result, Domestic violence and domestic disputes are never simply matters that can be sorted out. They often involve quite a bit of history, and as with all emotional matters, rarely is the truth black-and-white. When children are involved, matters become far more complicated for both sides of the dispute. The risk of violence may be greatest, in the course of child custody issues. Below is some useful information for individuals going through domestic disputes and/or domestic violence where children are involved: - If a father is involved in a domestic dispute and faces a domestic violence charge, there is a great likelihood that the judge will award custody to the mother. In a 1991 Census, almost 38% of father's weren't granted visitation rights. Further, 90% of custody battles end up favoring the mother. - Jail time for domestic violenceconvictions can range from 1 year for misdemeanor crimes, and three years in prison or more for felony convictions. - If you are accused of domestic violence but the alleged victim attempts to withdraw the charge, you can still be tried and convicted. - Restraining orders can often be hard to prove and often more difficult to enforce. They make make the winner feel good, but have no real impact on whether the other party continue calling or harrasing him or her, even if the police gets involved. - There are support groups and battered women shelters for women who are suffering from violence in their homes. Tagged as: california criminal laws, domestic violence pc 273_5 Sexual Offense, Child Abuse and Public SchoolsPosted on: June 16, 2008 at 3:02 p.m.While there are jokes and innuendo regarding high school students and their teachers being involved in sexual relationships, in Southern California, and across the country, there has been a growing trend of sexual offense and child abuse in public schools. For example: In April of 2007, a high school English teacher in West Covina was sentenced to two years in state prison for using a minor in a prohibited act. In 2008, evidence has been introduced to both school officials and later on in court that a Santa Monica middle school teacher sexually molested five students. Even more shameful for both the individual and the school is that he was charged on similar counts in 2006. Sexual molestation and sexual offense are forms of child abuse in which an adult or older adolescent uses a child for sexual stimulation. The schools are easy prey for such individuals, as there are many young students and individuals who are looking to commit a crime can spot easy prey. Penalties for these violations can be severe: 1. Jail time for a conviction is almost guaranteed. 2. Teachers can be assured of losing their teaching credentials though out the state. 3. Those convicted will be placed on California Tagged as: domestic violence pc 273_5, sex crime accusations Bill Murray and Domestic ViolencePosted on: June 2, 2008 at 4:19 p.m.Bill Murray, star of Ghostbusters, Scrooged and Lost in Translation, recently found out his wife filed for divorce. Some of his wife's reasons for wanting a divorce included allegations of physical abuse as well as Murray's own problems with drugs and alcohol. Allegations such as domestic violence tend to arise during divorce proceedings, although they sometimes turn out to be either false or taken widely out of context. Domestic violence is a serious matter, and Murray's wife could also bring him up on criminal charges if these allegations are true and can be proven in court. In California, domestic violence carries with it some heavy penalties, although the severity of punishment depends upon whether the charge is a felony or misdemeanor. The penalties for a domestic violence conviction can include fines of up to $10,000, jail time and/or community service and up to a ten year ban on the use of fire arms (amongst other actions). This is only for a first time offense, further convictions can lead to not only increases fines and penalties, but also the possibility of being convicted under California's Three Strikes laws, which can carry a life sentence. As is the case in this instance, drug and alcohol dependency and abuse are often involved in domestic violence matters. Submitting to treatment programs before a trial and help in these matters as it shows the court a repentant attitude and that the individual is willing to seek help to stop this behavior. If you're facing a domestic violence charge and you need assistance in your defense, contact the attorneys at Kestenbaum, Eisner & Gorin, LLP. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 If a victim or reporting party wants to "drop charges," will the criminal case be dismissed?Posted on: May 28, 2007 at 1:26 a.m.Not necessarily. There are many reasons why the alleged victim or reporting party has a change of heart. It may be that the report of crime (violence, theft, or other violation) may have been false or inaccurate. It may also be that the person is scared to proceed with a prosecution. The police and the prosecutor's office are aware of all the reasons, and do not just "drop charges" especially in domestic violence cases. They attempt reinterview the reporting party to understand the reason behind the change of heart. The only exception is alleged sex crimes cases. The reporting party's desire to not testify and prosecute are respected, thereby causing the criminal charges of unlawful sex to be dismissed. Tagged as: domestic violence pc 273_5, faq Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses. |
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