San Diego County Criminal Defense Legal Blog

Domestic abuse, or domestic violence, is defined as a recurring pattern of aggressive or harmful behavior used to hold power over an intimate partner or close relationship. When most people think of domestic violence, they visualize a romantic couple with one of the individuals physically harming the other during an argument. While this is an example of domestic abuse, there are many different types and examples of this type of violence. Acts of abuse can be physical, sexual, emotional, economic, or even psychological. Some types of domestic abuse — such as emotional and psychological violence — are harder to gather evidence for and prove. However, if a person claims to see or hear acts of domestic violence, law enforcement officers…

While many may think that a victim can simply drop domestic violence charges, the victim does not have the authority to drop the case once they submit a charge. The state of California has the sole authority to file criminal charges, so once there is an issue of domestic violence, they are the only ones that can handle the charge. If a close partner or individual accuses you of domestic violence, it’s essential that you seek legal representation immediately. An experienced California defense attorney will assist you throughout your case and offer detailed legal advice about. Why Can’t a Domestic Violence Victim Drop the Charges? Since the individual who submits a domestic violence account does not have the authority to…

The following is a common situation: A person is charged with domestic violence, and the alleged victim does not appear or does not want to testify. Does that mean the accused person is free to go? No, the legal system is not that simple. Domestic violence charges are some of the hardest offenses to prosecute. Often, the evidence is scarce. The evidence that does exist presents itself in the form of differing testimonies from the defendant and the alleged victim. The defendant and the alleged victim often give conflicting statements. Prosecutors usually pin the theory of their entire case on the testimony of victims. Victims do not like testifying against their abusers; therefore, they often resist testifying. When a witness…

Verbal abuse, in the legal sense, refers to using words to cause a victim harm. Verbal abuse takes many forms and looks different in every situation. One person’s social media tirade is another person’s walk in the park. Verbal abuse can berate or belittle a victim, but does it rise to the level of domestic abuse? Verbal abuse can amount to domestic abuse. This is called domestic verbal abuse, and it occurs when two people live in the same household with an intimate relationship. Domestic verbal abuse can occur between spouses, two people who used to date, and people who have had a child together. Domestic verbal abuse also can take place between people who are related by blood or…

If you are ordered to appear in court for an ex parte hearing, you might be confused. You may have never heard the term ex parte before. Even worse, you might lose an ex parte hearing or fail to appear, and you now have a domestic violence protection order. As a result, you cannot enter your home or talk to the other people that live there. The situation outlined above is the reality of receiving an order of protection, also called a restraining order, after a domestic violence accusation. After you receive a restraining order, there will be a court hearing twenty-one days later to review the order and determine if the order should remain in place or be rescinded….