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Domestic Violence Family Law

L.A. TV Reporter Arrested for Domestic Violence

After allegedly throwing a flower pot as his wife, a Los Angeles TV reporter has been arrested and charged with felony domestic violence.

Domestic Violence

Domestic violence is legally defined as: a pattern of coercive and controlling behaviors and tactics that are employed by one person to gain power and control over another person. These behaviors include verbal abuse, financial abuse, emotional, sexual, and physical abuse. A felony domestic violence charge is a domestic violence situation that occurs between either people who are dating, parents and children, same-sex partners, and other residents of the same household. This type of charge is usually filed as the result of assault and battery between two spouses. This charge can also involve other crimes such as rape, sexual assaults, or kidnapping.

The Domestic Violence Attack

Carlos Zapata, 51, allegedly threw a flower pot at his wife during an argument at the couple’s home in Sherman Oaks. According to an LAPD spokesman, the flower pot struck the woman “full force.” Zapata is a reporter with the Spanish-language station KWHY-TV. He sometimes covers crime. According to the biography that used to be posted on KWHY’s website, Zapata is an award-winning journalist having worked in the U.S., Mexico and Puerto Rico.

If Convicted of Felony Domestic Violence

If convicted, he faces 10 years in state prison. He’s being charged with two counts of injuring a spouse, including one that resulted in great bodily damage. Zapata will be arraigned on Dec. 24.

Previous Attack

During his arrest, his wife told authorities of another fight the two had in November. According to her, that fight also ended in an attack.

 

Source: LA Times, TV reporter charged after seriously injuring wife with flower pot: D.A., December 10, 2014

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Domestic Violence Family Law

Facing Domestic Violence Charges

In California, when a person is charged with spousal abuse relating to domestic violence, there are two common charges. These two charges are: corporal injury to a spouse or spousal battery. Below we outline the differences between the two.

Corporal Injury to a Spouse

Corporal injury to a spouse or cohabitant is charged as a felony crime. This charge can be brought when a person willfully inflicts on his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the parent of his or her child, corporal injury that results in a traumatic condition.

“Traumatic condition” is defined by the California Penal code as a condition of the body, such as a wound or injury, regardless of how serious that wound or injury is. Regardless of how slight an injury is, as long as there is an injury, an arrest will be made if police are called to the scene of a domestic violence incident.

Spousal Battery

Spousal battery is generally charged as a misdemeanor crime. California penal code defines battery as any willful and unlawful use of force or violence upon the person of another. A person can be charged with spousal battery when a person commits battery against a spouse, a cohabitant, former spouse, fiancée, or a person with whom the person accused of has previously dated or are dating. Injury is not required for a person to be charged with spousal battery.

Hiring a Lawyer for Domestic Violence Charges

If you are the victim of domestic violence, you need to contact a lawyer that will be able to protect you and defend your case. An attorney will be able to protect you and your family via various methods that include getting a restraining order or custody changes. A lawyer will be able to plead your case so that you feel safe and well represented.

 

Source: Sigal Law Group, Understanding Domestic Violence Charges , 2014

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Domestic Violence

Domestic Violence: Can I Break My Lease for My Safety?

Domestic violence can also be called “intimate partner violence” because it often is caused by a person that is intimate with the victim, such as a spouse, boyfriend or girlfriend, or ex.

Domestic Violence Abuser

When a partner is intimate, and knows where you live, no doubt a victim of domestic violence would want to move. But what happens when that victim is stuck in a lease their landlord won’t let them break? And even worse, what happens when the abuser lives in the same complex?

California Civil Code section 1946.7 – Protecting Domestic Violence Victims

Under California Civil Code section 1946.7, a tenant dealing with domestic violence issues (or human trafficking) has special lease termination rights when it comes to a landlord-tenant context. Under this code, a domestic violence victim has the right to pursue an early lease termination by providing a landlord with a written 30-day termination notice as well as a copy of the domestic violence report he or she has filed with the police. As an alternative to this, a tenant is able to submit documentation from a third party that states the victim is seeking assistance for physical or emotional injuries that are the result of a domestic violence act, or an official restraining order that has been signed by a judge. Another alternative is a document equivalent to a protective order.

Pay Rent

While you will be able to legally break your lease, you will still need to pay rent for the 30 days prior to vacating. Filing an early lease termination under this order has to be done within the 60 days following of the domestic violence incident. You will need to act quickly if you notice the deadline is approaching quickly in order to ensure your safety. If you run into issues with your landlord, you might want to consider contacting a local fair housing, mediation program, or a qualified domestic violence attorney.

 

Source: Los Angeles Times, Q&A Can domestic violence victim break lease to avoid abuser?, October 19, 2014

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Domestic Violence

Voynov Arrested for Domestic Violence

The National Hockey League has suspended Los Angeles King Slava Voynov following his arrest for his involvement in a domestic violence incident.

Suspended Indefinitely

According to a statement from the NHL, the 24-year-old defenseman will be suspended “indefinitely from all club activities pending a formal investigation by the National Hockey League of an arrest this morning on charges of domestic violence.”

The league’s suspension came just hours after Voynov was arrested by police at Little Company of St. Mary Hospital in Torrance. Medical personnel contacted the Torrance police after treating the victim of the alleged domestic violence incident. “The injury was severe enough that it did require treatment,” said Lt Joe Hoffman.

Alleged Domestic Violence Incident

According to police records, Redondo Beach officers were initially called to the neighborhood where Voynov and his family live. According to witnesses, a female “could be heard screaming for the past 20 minutes.” The witness directed officers to the house where they heard the sounds. Police attempted to contact the home’s occupants, but received no response.

Torrance police then contacted the Redondo police about the hospitalized women who allegedly had been a victim of domestic violence. “We’re still investigating with the police,” said Voynov’s attorney Craig Renetzky. “It’s very early on in the proceedings. We’re just asking everybody to be patient, because arrests don’t always lead to charges and convictions.”

Voynov posted $50,000 bail. His first court appearance is scheduled for Dec. 1 in Torrance.

NHL and L.A. Kings Take Swift Action

The L.A. Kings issued a statement following the NHL’s decision: “These developments are of great concern to our organization.  We support the NHL’s decision to suspend Slava Voynov indefinitely during this process, and we will continue to take appropriate action as the legal proceedings and the investigation by the NHL take their course.”

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: NBC Los Angeles, LA Kings’ Slava Voynov Suspended by NHL Pending Domestic Violence Investigation, October 20, 2014

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Domestic Violence

Link Uncovered Between Domestic Violence and Mass Shootings

An analysis of U.S. gun deaths has found a link between mass shootings and family or domestic violence.

“Everytown for Gun Safety” Analysis Links to Domestic Violence

Michael Bloomberg’s gun violence prevention group, Everytown for Gun Safety, analyzed data from mass shootings that took place between January 2009 and July 2014. The group defined “mass shootings” as shootings in which at least four people were murdered by a firearm. Based on the analysis, during that five and a half year period, there were 110 mass shootings.  57 percent of those 110 shootings were related to domestic or family violence.

Sobering Evidence

Kim Gandy, president of the National Network to End Domestic Violence, feels the report shows sobering evidence for improving gun laws. “It’s clear that many of these murders were committed by people already barred from gun ownership by federal law — but that law is full of loopholes, like background checks not being required for private sales, like Craigslist or at gun shows,” she said. “It’s shocking that the gun lobby has succeeded in blocking such common-sense solutions, and that there aren’t more members of Congress standing up on the issue.”

Gun Enforcement Failing

While under federal law, individuals convicted of a misdemeanor domestic violence offense or those subject to a permanent domestic violence restraining order are not legally able to buy or possess firearms, many guns are still able to be purchased without a background check. Because of that, enforcement of current laws is made all but impossible. Additionally, federal gun prohibitions are only applicable in cases where the abuser is married, lives with, or has a child with the victim. This law does not include dating partners and convicted stalkers. As a result, many domestic abusers are able to dodge background checks. Based on the Everytown analysis, one-quarter of mass shootings during which the perpetrator killed a former or current partner, the perpetrator would not have been legally barred from owning a firearm.

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, Mass Shooting Analysis Finds Strong Domestic Violence Connection, July 18, 2014

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Domestic Violence

Los Angeles: Rise in Domestic Violence

Domestic violence cases in Los Angeles in the past year have increased significantly, according to police. LAPD Chief Charlie Beck and City Attorney Mike Feuer want the Los Angeles victims of domestic violence to know they are not alone in fighting back.

200 New Domestic Violence Cases a Week

According to Feuer, his office sees about 11,000 domestic violence cases per year. That roughly equates to 200 new cases every week. “We get bumps from year to year, but this year is a significant increase,” Chief Beck said. “Now whether that’s an increase in reporting or an actual increase in occurrences is very hard to parse out.” But the LAPD has received 1,500 more reports this year, so far, marking at 18 percent increase. And the number of cases reported to the LA County Sheriff’s Department is up 3.8 percent.

More Resources for the Community

According to Beck, the reason behind the increase is unknown, but the LAPD is trying to figure it out. His hope is to provide the community with more information about resources, such as locations of shelters for battered women, legal services, and financial planning. “These are very difficult crimes to suppress with more police,” Beck said. “This is about more education. This is about talking through things and learning ways to deal with conflict.”

Prevention of Domestic Violence

While responding to incidents is crucial, it might not necessarily be the best way to combat domestic violence. More needs to be done to prevent domestic violence. “As a culture, we keep trying respond to the abuse and help. We’re not doing enough on the other end from preventing it from happening in the first place,” said Patti Giggans said, executive director of LA-based Peace Over Violence. The organization provides counseling, legal aid, and other assistance to Los Angeles domestic violence victims.

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: NBC Los Angeles, Domestic Violence Cases in Los Angeles on the Rise, September 20, 2014

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Domestic Violence

Will You “Pass the Peace” to End Domestic Violence?

Russell Wilson has launched a charity foundation that will aim to take on worthy causes, such as raising money in support of victims of domestic violence.

‘Why Not You’ Foundation

The quarterback for the Seattle Seahawks has founded the ‘Why Not You’ Foundation, a charity foundation that will take on various causes. In light of the allegations of domestic violence running rampant through the NFL, he foundation has chosen to focus on the hot-button topic via a viral video campaign.

“Pass the Peace”

During the video, Wilson nominates Derek Jeter and Justin Timberlake to “Pass the Peace” by donating $2 to the National Domestic Violence Hotline as well as nominate two friends to encourage spreading the word. A similar campaign, the “Ice Bucket Challenge” was recently highly successful in spreading the word about ALS.

Directly Addressing Domestic Violence

Wilson wrote an op-ed piece for the newly launched “Players Tribune,” a publishing platform of Derek Jeter’s. In it he directly addresses the issue of domestic violence in the NFL, writing that he was a bully growing up until realizing the error of his ways. Wilson, the site’s first Senior Editor.

“As NFL players, we do not play a gentle game. But our hits, our anger, our aggressive behaviors need to be regulated and confined to the field. Recent incidents of domestic violence have forced The League, its fans and the players to take a hard look into our collective conscience. To be honest, many NFL players are reluctant to address such a sensitive issue. How do you fix a problem so big and complex? How do you speak about something so damaging and painful to families?”

The launch of this campaign coincides with the start of Domestic Violence Awareness Month.

 

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Time.com, NFL Player Launches Viral Campaign to Support Domestic Abuse Survivors, October 2, 2014

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Domestic Violence

Mayor’s Wife: Victim of Domestic Violence

Wife and alleged shooter of slain suburban Los Angeles major was, according to her lawyer, a victim of domestic violence.

The Shooting

According to Los Angeles County sheriff’s officials, Bell Gardens Mayor Daniel Crespo, was fatally shot in his home earlier this week by his wife, Levette Crespo. The shooting occurred following a physical altercation between the mayor and the couple’s 19-year-old son, Daniel. Authorities believe the mayor and his wife were fighting and Daniel tired to intervene, thus creating a struggle between father and son. According to sheriff’s Deputy Crystal Hernandez, his mother then got a gun and opened fire. The 45-year-old mayor was pronounced dead at the hospital.

Domestic Violence

Levette’s attorney, Eber Bayona gave no further details of how domestic violence played a role in the incident. “I think the evidence will corroborate that she has been a victim of domestic violence for many years,” Bayona said.

Levette Crespo has been cooperative with authorities since the incident. An arrest was not made, and no criminal charges have been filed thus far. She was released after questioning. According to Sheriff’s spokeswoman Nicole Nishida there were no prior incidents of domestic violence reported from the home.

The Family

According to the Bell Garden’s website the Crespos were high school sweethearts who married as teenagers in 1986. They also share a grown daughter.

Neighbors had only positive things to say about the family. “He was such an awesome person. He was forever walking around, talking with people, house to house,” said neighbor, retiree Florence Chavez.

According to Bayona, looks may be deceiving. “In this case there may be an opportunity to learn about the difficult and intolerable home life for this family,” he said.

Claudia Osuna, the lawyer representing the Crespos’ two adult children, said her clients are standing by their mother. She stated that the son was also a victim of domestic violence.

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC News, Lawyer: Wife of Mayor Was Domestic Violence Victim, October 2, 2014

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Domestic Violence

Gloria Steinem Speaks to Domestic Violence

Domestic violence has become a hot-button topic in headlines as of late. And now Gloria Steinem, feminist, journalist, and social and political activist is having her say about domestic violence. Steinem recently executive produced HBO’s documentary, “Private Violence.” The tagline of the documentary is: “It’s not always easy to just leave.”

“Private Violence”

“Private Violence” follows the stories of two domestic abuse survivors. Deanna Walters is a single mom, and domestic abuse victim, who is attempting to get the courts to prosecute her estranged husband for his brutality. Kit Gruelle is an advocate of for victims of intimate partner violence. The two women’s stories weave together to show just how rocky the road is for the women and men attempting to gain justice against their domestic abuse. “When I was growing up in Toledo, there was no such crime as domestic violence,” said Steinem. “It was called life.”

“…deepest form of violence…”

“It’s very important that we understand how justified, concealed [and] rationalized this deepest form of violence truly is,” Steinem said to an audience filled with press and domestic violence activists. “We’re not going to have a peaceful and democratic society until we have peaceful and democratic families.”

The Why

Steinem spoke to the “why” that lies behind the intimate violence often perpetrated by men. “[It] is about controlling reproduction. If women didn’t have wombs, we’d be fine,” she said. “Men get born into this culture that urges them to commit what I think of as ‘supremacy crimes.’ They don’t have any other motivation — it is all about getting obsessed with and addicted to supremacy.” She went on to say “We have the power of social disapproval,” said Steinem. “We have the power of noticing, of seeing, of supporting, of protecting.” After the screening ended Steinem asked, “Are there questions? “Or answers? We could also use answers.”

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, Gloria Steinem Speaks Out About Domestic Violence At A Screening Of HBO Documentary ‘Private Violence’, September 30, 2014

Divorce Law LA, Esq.

Divorce Law LA

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