Current Law and Penalties:
The Court and the District Attorney take domestic violence cases very seriously. Charges may be filed even if the victim refuses to testify or later pleads with police to drop charges. In fact, the police and district attorney are required to pursue the case, even if the accuser recants the accusation.
Bail is set high, between $25,000 to $50,000 for most cases. The Court may issue a restraining or protection order which could prevent you from returning to your home, seeing your children, or having contact with your spouse.
NEW LAW: 2009 CALIFORNIA DOMESTIC VIOLENCE LAW HELPS DEFENDANTS
Many domestic violence cases involve two people who share a long history with one another and deep emotional ties. Often, couples reconcile after charges of domestic abuse have been filed. When a criminal case against the accused progresses to trial, the alleged victim will often no longer want to testify against their loved one. In the past, a judge could hold a subpoenaed victim in jail for contempt if they refused to testify against their loved one. This is no longer true! Victims now have the right NOT to testify against their co-habitant or spouse.
Pursuant to the California Code of Civil Procedure, Section 1219(b), a domestic violence or sexual assault victim does not have to testify against the accuser in court, and will no longer have to fear being found in contempt by a Judge and sent to jail. When a victim refuses to testify, it makes the case against the Defendant a lot more difficult to prosecute, and often, charges may be dismissed. However, in some cases, the prosecutor can still proceed to trial if there is other sufficient against the Defendant, such as an officer’s testimony regarding what the victim said, and photos of injuries. But even this evidence can be suppressed if a motion is won to keep it out of trial. This is why it is crucial to have an Experienced Defense Attorney, like Ann Gottesman, who is skilled in Domestic Violence cases fighting for you in court.
California Code of Civil Procedure, Section 1219 states in pertinent part:
…(b) Notwithstanding any other law, no court may imprison or
otherwise confine or place in custody the victim of a sexual assault
or domestic violence crime for contempt when the contempt consists of
refusing to testify concerning that sexual assault or domestic
violence crime.
(c) As used in this section, the following terms have the
following meanings:
(1) "Sexual assault" means any act made punishable by Section 261,
262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
(2) "Domestic violence" means "domestic violence" as defined in
Section 6211 of the Family Code.
If convicted of a domestic violence offense you may be:
• sentenced to jail or prison
• be required to take a 52 week course of anger management
• 52 weeks course of parenting classes
• drug or alcohol treatment, and/ or
• spousal battery classes
• a large fine is also imposed
When negotiating a disposition, I always place my client in the best possible light. This may mean recommending my client enroll in AA or anger management classes prior to appearing in court so that the D.A. and the Court will have mitigating factors to consider. Sometimes, the D.A. will refrain from making charges or drop charges in a situation where the evidence is weak and the client shows he is addressing any personal issues that may have contributed to the incident.
As your attorney, it is my goal to protect your rights, get you out of jail, keep you from serving more time, and to prevent a restraining order from interfering with your ability to see your children, your spouse and your family. I will also advise you as to the best possible course of action; whether that means fighting the case at trial, or negotiating a disposition in which your job, family and financial security is not negatively impacted.
So, if you have been arrested or charged with any crime, call an experienced domestic violence attorney immediately.
Free initial consultations:
(877) 3-LAW-NOW
(877) 352-9669
An attorney is available to speak with you 24 hours a day.
Never speak to the police about your case-anything you say will be used against you. Exercise your right to remain silent until you have an attorney present. It is always a mistake to give any explanation or make any statement to police. As your attorney, I will protect you at every stage of proceedings, even before criminal charges are filed.