Updated: Dec 2, 2022
How To Preserve And Build Your Defense In California
Domestic violence cases are taken very seriously in California. Not to mention, there are grave punishments that come with being arrested and penalized for it.
So, what should you do if you've been charged or arrested? Let's discuss domestic violence charges, what it means, and what you should do about them:
What Is Domestic Violence In California?
Under California Domestic Abuse Law, domestic violence refers to threats or acts of violence committed by family members. Cohabitants, siblings, parents, lovers, girlfriends, boyfriends, and spouses all fall under this category. Law enforcement agencies in California take domestic violence seriously. As a result, at least one arrest is often made when police are called to a domestic violence incident.
Once a complaint has been filed concerning the allegation of domestic violence, the party has no option to withdraw it. At that point in the case, the district attorney alone can make that determination.
When police feel domestic violence has occurred, they must make an arrest. If an officer has reason to believe a person has abused a spouse, partner, or family member, they must make an arrest. Even if the claimed victim decides they no longer wish to submit a complaint, authorities must make an arrest. In exceptional cases, both parties may be taken into custody and charged.
What Should You Do After A California Domestic Violence Arrest?
1. Hire A Los Angeles Criminal Defense Attorney
A California domestic violence arrest is serious, as are all criminal charges. You don't want to say or do something that can be used against you or skimp on presenting evidence. A Los Angeles Criminal Attorney is experienced in the specific challenges of these charges and can help you navigate through the case and get the best possible outcome.
Additionally, your Los Angeles Criminal Lawyer will represent you throughout the process. They can also ensure you make the right moves, submit the correct documents, meet important deadlines, and review possible legal options for you.
2. File Motions For Case Dismissal
A legal request for a judge to act in a way permitted under the law is known as a legal motion. For example, California Domestic Violence Attorneys often file legal moves to dismiss, motions to suppress evidence obtained unlawfully, and requests to further restrict the client's guilt. If your motion to dismiss is granted by the judge, the case will be entirely dismissed.
Of course, if it doesn't go through, your Los Angeles Criminal Lawyer will still be able to help you should the case proceed. So, you must work closely alongside them.
3. Look into Facts To Disprove Evidence Against You
An essential part of going through a domestic violence case is proving that the accusations levied against you aren't true. The whole point of prosecution is to lay out the reasons why someone is considered guilty of a crime; hence evidence needs to be presented.
4. Preserve And Present Your Own Evidence
Presenting both sides of the story is crucial in this case. If everyone were to go off the prosecution's side, then you would look really, really bad. Hence, you need to present your own evidence and character to show your side of the story.
Your Los Angeles Criminal Lawyer can help you compile documents, photos, and other pieces of evidence that can support your innocence.
Get Referred To A California Criminal Defense Lawyer Near You
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