Will the Prosecutor Drop Domestic Violence Charges if the Victim Recants?

California prosecutors are unlikely to drop domestic violence charges even if an alleged victim recants his or her testimony before trial. Watch this video to understand how the system works. Instead, the state is likely to persist in its prosecution, with the help of unique evidentiary rules that apply to domestic violence cases.   If…

Misdemeanors: How The Law Works In California
|

Misdemeanors: How The Law Works In California

In this post, I will explain how misdemeanors work in California. Let’s get started… A misdemeanor offense in California is characterized by how much potential time you could serve incarcerated and where you would spend it. What Is A Misdemeanor Misdemeanors are criminal offenses that are less serious than felonies, though many do involve violence…

7 Things You Need To Know About “Domestic Battery”

7 Things You Need To Know About “Domestic Battery”

In California, there are two types of domestic violence crimes that you can be charged with. Domestic Battery” pursuant to Penal Code Section 243(e)(1) which is the least serious, or Corporal Injury To A Spouse or Co-Habitant Below Are 7 Things You Need To Know About Domestic Battery. Definition of Penal Code 243(e)(1) California Penal Code…

4 Things You Should Know About Violating a Protective Order

4 Things You Should Know About Violating a Protective Order

#1 Violating a criminal protective order, sometimes called a “restraining order,” amounts to contempt of court and is a criminal offense under California Penal Code 166(a)(4).Protective orders and restraining orders are issued by different courts and its important to understand their differences. Watch this video to understand: What is and is not allowed under a…

California Laws On Violating A Restraining Order

In this post, I will explain California’s laws on violating a restraining order. Let’s get started… But first, watch this video which outlines the requirements of a restraining order. Restraining Or Protective Order Overview A restraining order is issued to protect spouses, ex-spouses, or parties who are, or who once were, intimate with the offender…

5 Reasons a Prosecutor Might Drop Charges in a Domestic Violence or Domestic

5 Reasons a Prosecutor Might Drop Charges in a Domestic Violence or Domestic

Prosecutors need to make decisions regarding how to file or proceed with a case based on the evidence. Below is a list of 5 reasons Aizman Law Firm has seen prosecutors drop domestic violence or domestic battery cases. By clicking on the links below you can skip to the section your most interested in reading….

The Criminal Justice System and Domestic Violence

Domestic violence such as 273.5 pc is a serious problem in homes across the nation. Largely under-reported, its criminal roots run deep, and can have far-reaching effects on victims and friends and family of victims. Several different types of domestic violence exist, including physical, verbal, mental and emotional, and sexual abuse. Each is very serious and…