Domestic Violence Counseling
The Family Harmony (“TFH”) stands ready to confront the issue of domestic violence. As explained below individuals convicted of or who plead to a domestic violence offense must complete an approved 52 week treatment program consisting of group counseling related to the prevention of reoccurring domestic violence. It is of extreme importance to take this matter seriously to ensure that the level of counseling is appropriate and result oriented. Our goal is to ensure that the counseling received by our clients is on the highest professional level and lead to true behavioral changes. While sometimes little can be done about the past, counseling and education is about the future. Your future and your family’s future, your children’s future may be at stake. TFH will provide the education and support the clients referred to us by the criminal justice system need to enter rehabilitative stage. That is why we are the California’s judicial system go-to option for quality court approved Domestic Violence counseling classes.
What is Domestic Violence
Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships:
Married Couples (also known as Spousal Abuse)
Cohabiting Couples
Persons who have a child or children in common
Persons in a dating relationship or who were in a former dating relationship
Persons who were formerly married to each other.
Domestic Violence covers a wide range of abuse, including spousal abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws.
Domestic violence cases are treated differently than other criminal cases. There are designated prosecutors and special Domestic Violence Units (DV Units) within the prosecutor’s office that stand ready to aggressively prosecute anyone charged with domestic violence.
Examples of domestic violence abuse include:
Threats
Intimidation
Annoying Phone Calls
Stalking (such as following the victim to and from work and threatening the victim)
Physical Assault or abuse (hitting, slapping, pushing, shoving or kicking)
Verbal, social, and sexual abuse.
Domestic Violence cases in Los Angeles are generally filed under Penal Code section 273.5 – Inflicting Corporal Injury on Spouse or Cohabitant(misdemeanor or felony) and Penal Code section 243(e)(1) – Domestic Battery (misdemeanor).
Domestic Violence Penalties
Domestic violence charges may be filed as a misdemeanor or a felony. How the prosecutor files the criminal charges is based on the seriousness of the case. Severe injuries (including cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filled as a misdemeanor. Both, prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filled – usually as a felony.
Misdemeanors:
Jail sentence (Zero days to one year County jail)
Counseling (52-week program)
40 Hours of community service or physical labor (CalTrans)
Various court fines
Stay-Away Order from the victim, including moving out of residence
“No Harm, No Strike” Order for couples.
Felonies:
Jail time (punishable by two to four years in state prison)
Counseling (52-week program)
40 Hours of community service or physical labor (CalTrans)
Various fines
Stay-Away Order from the victim, including moving out of residence
“No Harm, No Strike” Order for couples.
Can the victim drop the charges?
In California, you can be arrested and prosecuted for domestic violence
even if the victim does not want you arrested. In some cases, especially with spousal abuse, it is very difficult for the victim to drop charges against the abuser. The prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.