How Long Have You Been Handling Domestic Violence Cases?
When I was a prosecutor, I represented the domestic violence victim. Now I represent the accused. It allows me to see both sides. No criminal case occurs in a vacuum and both the prosecutor and the defense attorney have their own points of view. The only way to ever be successful as a criminal attorney is to be able to maneuver and navigate between those two points of views, so that you can get the most favorable resolution for your client.
How Is Domestic Violence Defined In California?
It is any type of physical act between a married couple, a couple living together, or an ex-couple, even if they are in fact no longer together. It really is a broad spectrum. It can be any type of situation where the two parties have had some form of a relationship, either presently or in the past.
Do You See Incidents of Domestic Violence Accompanying Divorce Cases?
Yes, however more so than domestic violence, there is a tendency that child abuse allegations come up when there is a custody issue involved. One party certainly wants to have full custody, the other party also wants to have full custody. Then all of a sudden there is some type of allegation of child abuse. That occurs much more than the domestic violence situation. The reason for that is, it is much easier to allege child abuse than it is to disprove child abuse allegations.
How Serious Are Domestic Violence Allegations Or Charges In California?
They are always serious to the individual. It depends upon the type of abuse. If there is a minor altercation, then that individual is not going to spend any time in custody. However, they are going to likely participate in a fifty-two week class for anger management and violence. Depending upon other factors, he may or may not have to stay away from the alleged victim. On the other hand, if the injuries are significant then that individual is looking at prison time.
Will Somebody Always Go To Jail If Police Are Called On A Domestic Violence Incident?
Yes, it all changed after the OJ Simpson case. Prior to the OJ Simpson case the police would often go out and tell the parties to go to their separate corners and not arrest anyone. Now, that is no longer the case. The police not only are more cautious in these situations, but they are also concerned about being sued if they do not take action against the alleged attacker. It is not uncommon for both parties to end up being arrested. It is going to depend on who has more injuries. If one party has injuries that are visible then the other party is for sure going to be arrested. If both parties exhibit injuries, then they are both going to be arrested.
Are Domestic Violence Offenses Typically Bailable?
Yes. In most cases you can bail out of jail. The difficulty is that when you are arrested for domestic violence, even with the most minimal type of injury, the police are going to arrest you for a felony offense, not a misdemeanor. Most likely when it gets to the prosecutors desk, the case will be filed as a misdemeanor, but they will have been arrested as a felony. The significance of that is that the bail for a felony will be around $50,000, whereas the bail for a misdemeanor, may be just a citation to promise to appear in court.
Does The Alleged Victim Have To Be Injured In Order For An Arrest To Be Made?
No, but if there are no injuries it may be very difficult for the prosecutor to prove that any type of domestic violence has occurred. Words that someone was abused is not strong enough in most situations to convince the district attorney to file the case.
For more information on Domestic Violence Cases In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 277-1707 today.
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