November 14, 2020

How to Beat Domestic Violence Charges

Shows the wrist of a domestic violence suspect. Pictures are imporant to beat domestic violence charges
Not all domestic violence chares match the police report

Having the right pieces in place is important to beat your domestic violence charge. If a witness is not in court, then they can’t testify. This keeps their statements out of evidence and creates a lack of evidence for your case.

Total Time: 90 days

Find out if victim will testify to Beat Domestic Violence Charges

Your case is much stronger if you have a cooperative victim and the right circumstances. Find out if they are on board. In lots of Domestic Violence Cases in the Orange County Superior Court, this is the case. The charges are pushed by the police and the state instead of the victim. This is the case even if there is exculpatory evidence that would indicate innocence or mutual combat.

To Beat Your Dometic Violence Charge You Will Need to Have YOUR attorney Review the Case

Even with a cooperative witness, the case is still subjected to the rule of evidence. Consult with an attorney to flesh out the facts. You can beat domestic violence charges by minimizing the victim’s injury or other physical evidence out of view. This prevents the jurors from hearing them and making a decision based on it. In many Domestic Violence Cases in Orange County, the victim’s statements of abuse can be kept out because of hearsay and foundation issues. Also, your Domestic Violence Attorney can dig up exculpatory evidence on the police officer or other witnesses.

Hire Attorney for victim if they are served with a Subpoena

You MUST show up to court if served with a subpoena. There are jail penalties and the possibility of a warrant and jail time if you do not show up. The same is applied if you are a victim of abuse, are served with a subpoena from the Orange County Superior Court, and do not want to testify. Showing up to court and giving a statement is not an option. You must also take the stand and testify in the offense. However, there are laws regarding victim refusal to keep you from being victimized twice and prevent you from saying what you don’t want to say. An attorney can help you out if you don’t want to give a statement.

Set the Matter for Trial to Beat Domestic Violence Charges.

One of the many strategies is to set the matter for trial in Orange County Superior Court with a cooperative witness. This makes it easier to beat your domestic violence charge because the prosecutor will have a hostile witness. This increases the chances of plea bargains because of insufficient evidence.

Hostile witnesses will make a criminal offense harder for the prosecution in proving their facts for the crime because the rules of evidence will prevent them from coming in. This can result in the criminal charges being dismissed or a domestic violence conviction avoided for a lesser offense. For example, this can turn a felony offense into a misdemeanor offense.

California Domestic Domestic Violence Laws – Frequently Asked Questions

Why does victim have to show up to case to beat your domestic violence charge?

The victim is the primary witness in a Domestic Violence case. During a Domestic Violence incident, police reports are taken, pictures are taken of visible injuries, and phone calls are recorded. However, these can not stand on their own in court are subject to the rules of evidence. An excellent criminal defense lawyer can assert the proper objections to keep these hearsay statements out. Once the hearsay statements are out, then the prosecution will have to rely on other witness statements to make their case and risk having insufficient evidence for their claim. Once it is kept out, the prosecution will need to bring in a witness to color their physical evidence. Otherwise, they will have no way to say what was the cause of the bodily injuries.

What will the second lawyer do to help beat my domestic violence charge?

To beat Domestic Violence Charges, you need to keep out the alleged victim’s version of what happened and create inconsistent statements. The second lawyer will help the victim assert their rights to not testify in court, which causes problems with the main case. To the prosecution, a victim’s refusal to testify is one of the biggest problems in a domestic violence case, resulting in plea bargains.

Why set the matter for trial when the case is so obvious.

This is an adversarial system. It would be best if you took action on your case to get results. It would be nice to beat your domestic violence case by asking for it; however, that is not how the system works.

What are some of the rules of evidence as it relates to a beating my domestic vioelnce charge.

The biggest area of law when to beat your domestic violence is the hearsay (out of court statement) and Crawford family of cases.

Does Victim Have to Testify Beat my Domestic Violence Charge?

Legally yes, however, if they opted not to, then there are sanctions. The magic to beat the case is not getting the witness to testify and getting them thru the sanction.