Articles Tagged with domestic violence evidence

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pexels-kindelmedia-7714892-300x225The State of California has some of the most stringent laws in the nation for protecting domestic violence victims–and this translates into aggressive policies when it comes to law enforcement. Police officers responding to domestic violence calls are trained to act swiftly and decisively. For instance, under California law, if officers respond to a call and find probable cause that domestic violence has occurred, they are required to make an arrest. This aggressive stance is intended to prevent further harm to the alleged victim, but it also may create situations where the rights of the accused can be violated.

Being arrested on a domestic violence charge is scary and humiliating enough on its own. Still, it can be even more disconcerting if the police, in their haste to enforce the law, have crossed legal boundaries and violated your rights. Such violations can significantly impact your ability to receive a fair trial. Fortunately, the law does work in your favor, and if a good attorney notices that your rights have been violated, this fact becomes a vital part of your defense because it affects the court process when trying your case. 

Common Law Enforcement Violations During Domestic Violence Arrests

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kelly-sikkema-1YeQl23dvJI-unsplash-200x300When family disagreements escalate into accusations of domestic violence, it’s not uncommon for the accusing partner to have a change of heart after the fact and decide not to press charges or testify. If you’re the one accused, this may seem like good news at first–but in California, it does not necessarily mean you won’t still face criminal charges or be convicted of domestic violence. The reason for this is that domestic violence allegations are not a civil matter but a criminal one–meaning it’s the state that brings a claim against you, not your accuser. If prosecutors find other evidence that domestic violence occurred, they don’t necessarily need the accuser to testify. Let’s delve into why prosecutors sometimes move ahead with domestic violence cases without the testimony of the alleged victim, what evidence might be presented, and how a defense attorney might address that evidence.

Why Prosecutors Might Decide to File Charges Without the Testimony of the Victim

Prosecutors may decide to proceed with domestic violence charges even if the accuser declines to testify for several reasons, each rooted in the commitment to uphold justice and protect individuals from harm. These include but are not limited to, the following.

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