Welcome to the law offices of Attorney Charles M. Green, APLC. We are a multifaceted family law firm with attorneys specializing in Domestic Violence (DV) cases and restraining orders. Our principal attorney, Charles M. Green, is a Certified California Family Specialist, as recognized by the California Board of Legal Specialization. He has successfully guided hundreds of clients through a variety of challenging domestic violence scenarios.
This page will cover what Domestic Violence is and the types of scenarios it can encompass. It also covers how to obtain a Restraining Order (DVTRO) if that is an option. The majority of domestic violence cases involve victims. However, if you are facing allegations of domestic violence, you are also afforded rights. Whatever the scenario, it is imperative to hire an experienced family law lawyer who is also a Certified California Family Law Specialist to ensure you have the best protections and legal representation on your side as you move forward.
If you are dealing with a domestic violence situation right now—whether you are seeking protection from an abusive partner or you have been accused of domestic violence—time matters. These situations move quickly in Los Angeles County, and the decisions made in the next days and weeks can affect your safety, your children, and your financial future for years.
California domestic violence laws provide the legal framework that governs these cases in Los Angeles, offering protection for victims and regulating various forms of abuse within intimate relationships. Understanding these laws is crucial for anyone involved in a domestic violence case.
I understand that this is one of the most stressful experiences a person can face. You may feel frightened, confused, or blindsided. Whatever brought you here, know that clear information and experienced guidance can help you navigate what comes next. Experienced domestic violence attorneys in Los Angeles understand the complexities and emotional weight of domestic violence cases.
Los Angeles domestic violence cases often proceed on two separate tracks simultaneously. One is the criminal track, where the Los Angeles County District Attorney or the City Attorney’s Office may file charges against the accused. The other is the family law track, which involves domestic violence restraining orders, divorce, child custody, and support—all handled in family court. Both tracks can move very fast, sometimes within days of an incident.
I am Charles M. Green, a Certified California Family Law Specialist (CFLS) and licensed CPA with over 27 years of courtroom experience in Los Angeles County. My practice focuses on the family law side of domestic violence: restraining orders, custody disputes, spousal and child support, and property issues. When domestic violence allegations affect divorce or parentage cases—especially those involving complex finances like businesses, retirement plans, or self-employment income—my dual background as an attorney and accountant allows me to address both the legal and financial consequences in a coordinated way.
A domestic violence lawyer, criminal defense lawyer, and defense attorneys play a critical role in providing legal help, protecting your legal rights, and guiding you through the legal process in these sensitive cases.
If this just happened, here are your immediate steps:
Secure your immediate safety. If you are in danger, call 911.
Avoid making statements to police or the other party without legal advice—anything you say can be used in both criminal and family court.
Preserve all text messages, emails, voicemails, and photos related to the incident.
Do not violate any existing court orders, even if you believe they are unfair.
If you have children, document their location and any safety concerns.
Contact a domestic violence attorney in Los Angeles as soon as possible to understand your legal options. Free consultations and case evaluations are available to those seeking legal help, so you can discuss your situation and determine the best course of action without financial commitment. Many domestic violence attorneys in Los Angeles offer free consultations to assess cases and provide legal advice.
Our office has a dedicated team, including Spanish-speaking staff, available to assist clients who prefer to communicate in Spanish.
“Domestic violence” in California is not a single crime. It is a legal term that covers multiple sections of the Penal Code (criminal law) and the Family Code (civil/family law). Understanding the difference is essential because the consequences, the courts, and the standards of proof are all different.
Under California Family Code §6203 and §6211, “domestic violence” means abuse or threats of abuse committed against someone with whom you have an intimate relationship, including:
A current or former spouse
A cohabitant or former cohabitant
A person with whom you have a child
A person with whom you have or had a dating relationship
Certain close family members
“Abuse” includes not only physical injury but also threats, harassment, stalking, disturbing the peace of the other party (which courts have interpreted to include severe emotional, psychological, and verbal abuse, as well as coercive control), and destruction of property.
When domestic violence rises to the level of a crime, the most common domestic violence charges filed in Los Angeles include various domestic violence offenses. A domestic violence crime can result in serious legal consequences, and it is crucial to understand the types of charges and the importance of experienced legal representation.
|
Penal Code Section |
Offense |
Key Elements |
|---|---|---|
|
PC §273.5 |
Corporal injury on an intimate partner |
Willful infliction of injury resulting in a traumatic condition (even minor bruising) |
|
PC §243(e)(1) |
Domestic battery |
Battery on a spouse, cohabitant, or dating partner—no visible injury required |
|
PC §422 |
Criminal threats |
Threatening to kill or seriously harm someone, causing sustained fear |
|
PC §646.9 |
Stalking |
Repeated following, harassing, or threatening behavior |
In California, domestic violence offenses can be charged as either misdemeanors or felonies, depending on the severity of the incident and the injuries involved. The penalties for domestic violence in California can include jail time, fines, mandatory counseling, and loss of custody rights. A conviction for domestic violence can lead to a permanent criminal record, which may affect future employment and housing opportunities. The statute of limitations for prosecuting domestic violence offenses in California is typically five years, depending on the severity of the crime.
Many of these are “wobbler” offenses, meaning they can be charged as either misdemeanors or felonies depending on the severity of the injury, the defendant’s prior record, and the circumstances. A felony conviction carries potential state prison time, while a misdemeanor may result in county jail, probation, and a 52-week batterer intervention program.
LAPD, the LA County Sheriff’s Department, and other local agencies follow mandatory-arrest protocols when officers observe visible injuries or credible threats. In many cases, police respond to reports involving an alleged victim, meaning the status of the victim is not yet legally established during the initial investigation. This often leads to arrest even in “he said/she said” situations. The arrested person may be released with a criminal protective order already in place, which can affect where they live and whether they can see their children—sometimes before they even have a chance to speak to a criminal defense attorney.
It is important to remember that anyone accused of domestic violence is presumed innocent until proven guilty in court.
A single domestic violence incident—or even an allegation—can drastically change the course of a divorce or parentage case in Los Angeles. Allegations of domestic abuse, which may involve physical, verbal, emotional, or technological harm, can arise from an ex partner or other close relationships. Judges take these matters seriously, and the legal consequences extend far beyond the immediate safety concerns.
Under California Family Code §3044, if a family court finds that a parent has committed domestic violence against the other parent, the child, or the child’s sibling within the past five years, there is a rebuttable presumption that awarding sole or joint physical or legal custody to that parent is detrimental to the child’s best interests.
This presumption can be triggered by:
A criminal conviction
A finding in a domestic violence restraining order (DVRO) case
Factual findings made during a custody proceeding
To overcome this presumption, the parent found to have committed domestic violence must typically demonstrate:
Completion of a 52-week batterer intervention program
Compliance with all court orders
No further incidents of abuse
Successful completion of any substance abuse treatment if ordered
In Los Angeles County, judges apply this presumption seriously. A parent who loses under §3044 often starts with monitored visitation only, and it may take months or years to gradually increase parenting time.
A domestic violence restraining order can immediately affect:
Temporary exclusive use of the family residence – The protected party may be granted sole occupancy, even if the home is community property.
Temporary custody and visitation – The court can issue immediate custody orders, often limiting or supervising the restrained party’s time with children.
Temporary child and spousal support – The court can order support payments as part of the restraining order.
Firearm possession – A DVRO triggers federal and state firearm prohibitions.
Professional licenses – Certain professions (law, medicine, finance) require disclosure of restraining orders, and some licenses may be at risk.
In cases involving businesses, rental properties, stock options, retirement plans, or self-employment income, domestic violence findings interact with financial issues in ways that many attorneys miss. For example:
A survivor may need immediate access to community funds controlled by the abusive spouse.
The court may award temporary attorney’s fees to the less-monied spouse, shifting the cost of litigation.
Findings of abuse can affect spousal support calculations under Family Code §4320.
In egregious cases, the abusive spouse may be denied spousal support entirely under Family Code §4325.
My training as a CPA allows me to analyze income from complex sources, trace community and separate property, and work with forensic accountants when necessary to evaluate support claims in the context of a domestic violence case.
Not every domestic violence allegation is true. In heated divorces and custody disputes, false allegations can disrupt custody, finances, and reputations. I will address defense strategies in detail below, but it is important to recognize that the stakes are high for both domestic violence victims seeking protection and those wrongly accused.
Beyond the criminal courts, domestic violence issues frequently appear in family law courtrooms at Stanley Mosk Courthouse and other LA County family law locations. In Los Angeles CA, these matters are addressed by los angeles courts, which handle hundreds of domestic violence restraining order hearings, divorce cases, and custody disputes every year.
Physical abuse – Includes hitting, pushing, grabbing, choking, kicking, throwing objects, or destroying property; a wide range of harmful actions
Sexual assault – Any unwanted sexual contact or violence; can lead to family law domestic violence hearings
Threats, harassment, and stalking – Including threatening texts, social media messages, GPS tracking, and damaging a phone line to prevent calls for help
Coercive control – Isolating a spouse from friends and family, controlling access to money, threatening deportation
Elder abuse – Abuse, neglect, or financial exploitation of seniors; addressed specifically in family law courts
Abuse witnessed by children – Children who see or hear violence, or who are used as tools to control the other parent
In family court, the standard of proof is “preponderance of the evidence”—meaning the judge must find that abuse more likely than not occurred. This is a lower bar than the “beyond a reasonable doubt” standard required for criminal conviction.
This lower standard means that cases with limited physical evidence can still result in a restraining order if the judge finds the petitioner’s testimony credible. It also means that preparation and evidence presentation are crucial—for both those seeking protection and those defending against allegations.
Judges in LA family courts often must make decisions quickly, sometimes at the first hearing. They rely heavily on:
Written declarations describing the abuse
Text messages, emails, and social media communications
Photographs of injuries or property damage
Medical records and police reports
Testimony from both parties and, occasionally, witnesses
Whether you are seeking protection or defending yourself, precise documentation and a clear, organized presentation of events can make all the difference.
A Domestic Violence Restraining Order is a civil court order issued under the California Family Code. It can require the restrained person to stay away from the protected party, move out of the family home, stop all contact, and surrender firearms. Obtaining a DVRO involves specific legal procedures that must be followed to ensure the order is granted and enforced.
|
Step |
What Happens |
Typical Timeline |
|---|---|---|
|
1. File Request |
Petitioner files a Request for DVRO (Form DV-100) at the courthouse |
Same day |
|
2. TRO Issued |
Judge reviews the paperwork and may issue a Temporary Restraining Order |
Same day (if granted) |
|
3. Service |
Restrained party is personally served with the TRO and notice of hearing |
Before hearing date |
|
4. Hearing |
Both parties appear; judge hears testimony and reviews evidence |
Usually 21–25 days after TRO |
|
5. Final Order |
Judge grants, denies, or modifies the DVRO |
At hearing or shortly after |
If granted, a DVRO can last up to five years and may be renewed if the protected party demonstrates a reasonable fear of future abuse.
Stay-away orders (e.g., 100 yards from the protected party’s home, work, and children’s school)
No-contact provisions (no phone calls, texts, emails, or third-party contact)
Child custody and visitation orders
Exclusive use of the family home or vehicles
Child support and spousal support orders
Payment of certain bills or restitution for losses caused by the abuse
A DVRO is not just a piece of paper. The consequences are serious:
Firearm prohibition – Federal and California law prohibit possession of firearms while a DVRO is in effect.
CLETS database entry – The order is entered into the California Law Enforcement Telecommunications System, visible to any law enforcement officer who runs your name.
Employment and licensure – Many professional licenses require disclosure, and some employers conduct background checks that will reveal the order.
Immigration consequences – Certain DVRO findings and related convictions can trigger deportation or bar naturalization.
Future custody presumptions – A finding of domestic violence triggers the §3044 presumption discussed above.
If you are seeking protection:
Provide specific, dated incidents in your declaration—vague statements are less persuasive.
Attach screenshots of threatening texts or emails.
Include medical records, police reports, and photos if available.
Identify any witnesses who can corroborate your account.
If you are responding to a DVRO:
Read the temporary order carefully and comply with every provision—even if you disagree.
Gather your own evidence: texts, emails, photos, and witness information.
Prepare a clear timeline of events.
Avoid any contact with the petitioner, directly or through others.
Some domestic violence allegations are exaggerated, incomplete, or entirely false. This is particularly common during high-conflict divorces and custody disputes, where one party may see a DVRO as a tactical weapon to gain leverage over custody, support, or the family home.
The stakes are extremely high. A DVRO finding can result in losing custody of your children, being forced out of your home, and carrying a domestic violence finding that affects your career and reputation for years. It is crucial to protect your legal rights when defending against domestic violence allegations to ensure fair treatment and the best possible outcome.
Self-defense or mutual combat – The petitioner was the initial aggressor, or both parties engaged in mutual physical contact.
Misidentification of primary aggressor – Police or the petitioner mischaracterized who started the conflict.
Lack of credible evidence – No corroborating documents, inconsistent stories, or witnesses who contradict the petitioner.
Motive to fabricate or exaggerate – The petitioner has a clear incentive (custody, immigration status, financial leverage) to make or inflate allegations.
Create a detailed timeline of events. Note dates, times, locations, and any witnesses present.
Preserve all digital communications. Save texts, emails, social media messages, and call logs—do not delete anything.
Obtain records. Request copies of police reports, medical records, and any prior court orders.
Identify neutral witnesses. Neighbors, coworkers, or family members who can speak to what they observed.
Avoid direct contact with the petitioner. Any communication—even if initiated by them—can be used to claim harassment or violation of orders.
With 27 years of courtroom experience in Los Angeles County, I have cross-examined witnesses, impeached inconsistent testimony, and presented clear, fact-based narratives to judges. I know what evidence local judges find persuasive, how to expose exaggerations or fabrications, and how to present your side of the story in a way that protects your custody rights and your future.
It is common for the same incident to create both a criminal case (where the District Attorney or City Attorney’s Office prosecutes you) and a family law case (where your spouse or partner seeks a DVRO, divorce, or custody orders). In Los Angeles, specialized legal resources such as kraut law group criminal can provide experienced representation for criminal domestic violence cases. These cases often proceed in different courthouses on different schedules, with different rules—and what happens in one can affect the other.
In the criminal case, you have the right to remain silent and not incriminate yourself under the Fifth Amendment. But in family court, refusing to testify about the alleged incident can lead the judge to draw negative inferences against you—potentially resulting in a DVRO being granted or custody being restricted.
This creates a strategic tension. If you testify in family court, your statements can be used against you in the criminal case. If you refuse to testify, you may lose your custody dispute.
When criminal and family cases overlap, you need a coordinated legal strategy. I regularly work alongside criminal defense lawyers—and, when necessary, specialized attorneys such as DUI lawyers in related criminal matters—to ensure that what you say (or don’t say) in family court does not undermine your criminal defense, and vice versa. This may involve:
Requesting a continuance of the family court hearing until the criminal case is resolved
Invoking the Fifth Amendment strategically on certain topics while testifying on others
Negotiating plea terms in the criminal case that minimize long-term family law consequences
Criminal domestic violence cases in Los Angeles are typically handled at the Clara Shortridge Foltz Criminal Justice Center (downtown LA) or regional criminal courts. Family law matters—including DVROs, divorce, and custody—are heard at Stanley Mosk Courthouse and other regional family law courthouses throughout LA County. Similar domestic violence cases are also handled in Orange County courts, where local knowledge and experience with Orange County law enforcement and court procedures are important.
A family court finding of domestic violence, even without a criminal conviction, can still heavily influence plea negotiations, probation terms, and long-term parenting arrangements.
The effects of a domestic violence finding extend far beyond any jail time or immediate court orders. The financial and immigration consequences can last for years.
Under California Family Code §4320, courts must consider “any documented evidence of domestic violence” when setting spousal support. This can result in:
Reduction or denial of support to the abusive spouse
Increased support to the survivor, especially if abuse affected their earning capacity or mental health
Family Code §4325 creates a rebuttable presumption that an abusive spouse should not receive spousal support if there is a domestic violence conviction within five years of filing for divorce.
A DVRO or domestic violence finding can affect who controls community property during the divorce:
The protected party may be awarded exclusive use of the family home, vehicles, or bank accounts.
The court may order the restrained party to pay bills, rent, or mortgage payments.
In cases involving economic abuse (restricting access to money, forcing the spouse to sign documents under duress), courts can trace hidden assets and shift property to the survivor.
In cases involving complex finances—business ownership, stock options, rental properties, retirement accounts—I can:
Analyze income from self-employment or closely held businesses
Trace community and separate property
Work with forensic accountants to uncover hidden assets or manipulated income
Calculate support obligations accurately, even when the other spouse controls financial records
Certain domestic violence-related convictions and findings can trigger deportation or bar naturalization. If immigration status is a concern, I recommend consulting with an experienced immigration attorney in addition to your family law and criminal defense team.
For Los Angeles families where one or both spouses are not U.S. citizens, this is a critical issue that requires careful coordination across legal disciplines.
Whether you are seeking protection from an abusive relationship or defending yourself against a domestic violence allegation, you do not have to navigate this process alone. The right attorney can provide clarity, protect your rights, and help you make decisions based on facts rather than fear.
Evaluate your situation in an initial consultation – I will review the facts, assess the strength of your case, and map out immediate next steps.
File or respond to DVRO requests – I draft detailed, persuasive declarations and gather the evidence needed to support your position.
Represent you at restraining order hearings – I present your case clearly, cross-examine witnesses, and address evidentiary issues in real time.
Coordinate with criminal defense counsel – If you are facing criminal charges, I work alongside your criminal defense attorney to protect you in both arenas.
Address custody, visitation, and support – I handle the full range of family law issues that arise from domestic violence situations, including complex financial matters.
Over 27 years, I have appeared in family law courtrooms throughout Los Angeles County—Stanley Mosk, Van Nuys, Pasadena, Long Beach, and beyond. I know the local judges, the courtroom procedures, and the types of evidence that resonate in LA courts.
This extensive experience means I can anticipate how your case is likely to proceed, prepare you for what to expect, and position your case for the best possible outcome.
Our office has Spanish-speaking staff available to assist clients who prefer to communicate in Spanish. I understand that domestic violence affects families from every background, and I am sensitive to the cultural and community factors that often shape these cases in Los Angeles.
My goal is not to escalate conflict—it is to protect your safety, your children, and your financial future. That may mean pursuing aggressive representation when necessary, or it may mean negotiating a resolution that provides stability without endless litigation. Every case is different, and I tailor my approach to your situation and your goals.
If you are facing a domestic violence situation in Los Angeles County or the surrounding areas of Southern California, I invite you to schedule a confidential consultation with my office. Whether you are in immediate danger, responding to a restraining order, or navigating a divorce complicated by abuse allegations, early legal guidance can significantly impact the outcome. We offer a free consultation and a free case evaluation so you can discuss your legal options and protective strategies without any financial commitment.
To schedule a consultation:
Call our office phone line at [insert phone number] or complete the online contact form at [insert website link].
If you have an upcoming court date or an active incident, let us know—we prioritize urgent situations.
Consultations are confidential, and both English and Spanish are available.
Before your consultation, try to gather:
Any court papers you have received (restraining orders, custody orders, divorce filings)
Text messages, emails, and voicemails related to the domestic violence issues
Photos of injuries, property damage, or relevant documents
Police reports or medical records, if available
Taking these steps now—with a knowledgeable Los Angeles family law attorney who understands both the legal process and the financial consequences—can make all the difference in protecting your safety, your custody rights, and your future.
You do not have to face this alone. Contact my office today.
California defines domestic violence as abuse against intimate partners, family members, or household members. Abuse includes physical harm, threats, harassment, stalking, sexual assault, property destruction, emotional abuse, and coercive control. You don’t need visible injuries—courts recognize psychological abuse and controlling behavior.
Domestic violence attorneys in Los Angeles charge $300–$600 per hour. Emergency restraining orders cost $2,500–$5,000. Contested hearings run $5,000–$10,000. Trial representation costs $10,000–$25,000+. Many attorneys offer payment plans or limited-scope representation to reduce upfront costs.
California recognizes seven domestic violence types: physical abuse, sexual abuse, emotional/psychological abuse, economic abuse, verbal abuse, stalking, and digital abuse. All seven types qualify for restraining orders. Courts evaluate patterns of control and fear—not just physical violence.
California courts accept police reports, medical records, injury photos, threatening texts/emails, witness statements, and journal documentation. You don’t need perfect evidence—courts grant restraining orders based on credible testimony and reasonable fear, even without police reports or visible injuries.
Hire an attorney immediately. Document your whereabouts during alleged incidents. Preserve communications showing innocence or the accuser’s motives. Gather witnesses who contradict false claims. Never violate temporary restraining orders—violations create criminal charges that undermine your defense.
If seeking protection: Document all abuse, file quickly, gather corroborating evidence, and show reasonable fear. If defending false claims: Challenge credibility, present counter-evidence, establish accuser’s motive, and avoid contact violations. Both require attorney representation and organized documentation.
