What California Civil Code Section 1219 Means to Your Domestic Violence Case - Discussed by an Experienced San Diego Domestic Violence Lawyer

The level of consequences you may face if charged with domestic violence may be severe and more involved than most individuals understand. Possible repercussions include jail time, completing a batterer’s treatment program and the implementation of protective or restraining orders may occur as a result of the charges you face. A treatment program may last for over one year and a criminal protective order may hinder you from visiting places you normally would or limit your time with friends or loved ones. Unfortunately, some individuals charged with domestic violence are subjected to such limitations and punishments after being unjustly and falsely accused.  A skilled and knowledgeable San Diego Domestic Violence Lawyer can discuss your matter with you, help you understand your options and offer a path to an ideal outcome.

California Domestic Violence Laws and Punishments
Oftentimes a spouse or loved one may call the police, report an incident of domestic violence, and then later wish to retract it. However, once police are called regarding domestic violence, they are required to respond regardless of how the alleged victim now feels or if the accusations were falsely made. Commonly couples get into an argument and alcohol or substances may be involved that amplify emotions and the level of the argument. Out of passion or anger one spouse may wish to combat the other with a call to the police despite a lack of actual violence occurring, or may overstate the physicality that did or did not occur.

Officers responding to alleged domestic violence calls will most likely make an arrest and are able to do so under California Penal Code if certain circumstances are present. California Penal Code section 836(d) states a police officer responding to a domestic violence situation ”…may arrest the suspect without a warrant where both of the following circumstances apply:

1. The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
2. The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.”

This code stands to support alleged victims considering it allows for arrest regardless of whether actual assault or batter has occurred. In conjunction with the fact that alleged domestic violence victims are not required to testify, it is very important to have aggressive defense counsel on your side.

San Diego Domestic Violence Lawyer Offers Trusted Aggressive Defense
The California Penal Code may be working against your favor in a domestic violence case and Attorney Ashby Sorensen has the knowledge and insight it takes to combat the prosecution. He will use his years of experience and vast knowledge of California’s domestic violence laws towards your case’s success. Call (858) 999-6921 now to schedule your free consultation to discuss your best options.

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Do I Have to Testify in a California Domestic Violence Matter? Answered by an Experienced San Diego Domestic Violence Lawyer

Being charged with domestic violence can be a very difficult and stressful time. You may be faced with a plethora of questions surrounding your rights, when you can get out of jail, when you can go home, if you have to testify and so many others. Every state’s domestic violence laws can be different so it is important to understand the legal system and what you may be facing in California. One of the main questions individuals have is whether or not they have to testify in a domestic violence matter. For example, a wife may call the police to claim she was hit or abused by her husband. When the police arrive to arrest the alleged suspect the victim says it didn’t happen, however the alleged suspect
may still go to jail. The supposed victim no longer wishes to testify against her husband, so what will happen with this case in court and what will happen to the suspect?
 
Retracted Domestic Violence Claim 
 If an alleged victim retracts their claim of domestic violence and denies that anything physical or violent occurred, the prosecutor can still move forward with the state’s case against the husband or suspect. This can occur by way of the prosecution issuing a subpoena and forcing the victim to take the stand. Additionally, if the wife’s original statements are assumed to be true she does not have the right to not to testify against her husband. Many scenarios could unfold if the person originally alleging domestic violence retracts their accusations and refuses to testify. The District Attorney may attempt to offer her previous statements and discuss how they are inconsistent. The judge may also hold
that person in contempt of court if they refuse to testify and a good explanation cannot be offered, although this is incredibly rare.  Knowledgeable domestic violence lawyers are aware of ways to protect individuals from having to testify and can secure their legal rights.

Although the process does not necessarily stop if criminal charges are made against someone, then retracted, there are helpful options available. The police and the prosecutors have the majority of control once they are involved at the outset, however a domestic violence lawyer will be able to analyze the matter and provide possible options given the circumstances. Despite someone’s wishes to move forward with the charges or not, the prosecution ultimately makes the decision and your hands may be tied. It is important to know at the outset the severity of making statements, pressing charges and securing proper legal representation to best handle a case that may proceed without your consent.

How a San Diego Domestic Violence Lawyer Can Answer Your Domestic Violence Charges Questions
Emotions and circumstances can fuel situations and we can make unfortunate decisions. If you have found yourself in a domestic violence matter you no longer wish to be apart of or do not wish to testify on behalf of, our firm can help. Attorney Ashby Sorensen has years of experience and vast knowledge of California’s domestic violence laws, which he will use to contribute to your case’s success. Call (858) 999-6921 now to schedule your free consultation to review your best options.

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