Is It Easy To Violate A Protective Order In California?
In a domestic violence case when an individual is released from custody, they will be given a temporary restraining order. The judge at the court date is going to renew that order, otherwise it would no longer be in effect. It is extremely easy to break. All someone needs to do is to contact or visit the alleged victim and that is a violation of the restraining order.
What Are The Penalties Associated With A Domestic Violence Conviction?
It depends upon the severity of the act, or the severity of the injuries, if there are no injuries or minor injuries, then the individual is not going to end up in jail. However, if the injuries are severe that individual is looking at jail time.
Can the Prosecution Utilize Prior Instances Of Domestic Violence In An Ongoing Case?
Yes. Either in trial or perhaps at the sentencing. There are restrictions on one’s ability to do that in terms of the similarity of the charge, and when it occurred. Yes, it can be used and will be used.
Do You Recommend Counseling For Domestic Violence Clients?
It is critical that the individual start some type of treatment even before going to court. It is one of the strongest tools that I have as an attorney to show that the individual is no longer a threat and is in fact taking action on his own to remedy the situation; and the court or the prosecutor does not need to take action in order to remedy the situation. The judge or the prosecutor is never going to say, “Oh, you are taking classes, therefore you must be guilty.” That just doesn’t occur in the system. For that reason, it is critical to get started with some type of proactive action.
What Steps Should Someone Take When Facing A Domestic Violence Charge?
First get out of jail. It is critical to be able to start working on your case immediately. It is much easier to do if you are out of custody. It is critical, to address the issue with counseling, therapy or classes. The third is to deal with the alleged victim if possible. If there is a way to resolve the issue without the case being prosecuted, that is always much more favorable for our clients. The victim often does not want the case to go to court. That alone will not stop the prosecutor from, but it can certainly place some emphasis on what will occur afterwards.
How Often Do Alleged victims Of Domestic Violence Recant Their Allegations?
It is out of their hands, once they make an accusation. It is frequent that the alleged victim will want to recant. The reason is complex. The biggest reason is because of fear of the accused. The alleged victim is in the situation that the accused is the sole provider of the income for their home. The alleged victim is fearful of their future, of how they will survive if the individual ends up in custody. That is the immediate reason that many people try to retract their statements.
What Are The Long Term Collateral Consequences Of A Domestic Violence Conviction?
It is going to have the consequences of any felony or misdemeanor. It is going to affect your potential employment and your potential licensing status. However, there are ways to alleviate some of the repercussions. If it is a misdemeanor or a felony you can have that case expunged. It is critical that one does that. If it is a felony, depending upon the particular type of charge, the case can first be reduced to a misdemeanor and then expunged. Those actions are going to be extremely helpful to the accused in the future.
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