Hedding Law Firm

Category: Domestic Violence

Are You Facing Jail Time If Arrested For Domestic Violence?

This is probably one of the big questions on people’s minds when they’re arrested for domestic violence, and that is, is there liberty going to be taken away, because usually what happens in these cases is, the police come out to a scene. They assess a situation and once they determine that somebody has committed some sort of violence against another person — there’s injuries, they take pictures — then they’re going to arrest that person. That person is going to be handcuffed and put in the back or the police car and then taken to a particular police station… Read More

Type of Punishment You Are Facing for a Domestic Violence Case

Domestic violence cases have been legislated by our government.  What I mean by that is, the government has determined certain mandatory minimum sentences when it comes to a domestic violence case. They’ve taken this to such an extreme because of political pressure and the various other elements that cause the legislature to act on these domestic violence cases, that even if you are able as a criminal defense attorney to get a lesser charge — to mitigate things down to something lesser in a domestic violence case. Mandatory Minimum Sentences in Domestic Violence Cases If the root of the problem… Read More

Importance of Local Criminal Attorney for a Domestic Violence Case

What Is It Important To Retain a Local Criminal Defense Attorney for a Los Angeles Domestic Violence Case? This whole concept of local when it comes to domestic violence cases has to do with an attorney who knows the courthouse where your case is pending.  In my opinion, the reason this is so important is because most courthouses handle a lot of domestic violence cases. When it comes to crimes that are charged in Los Angeles County, and probably across California, next to DUI’s, domestic violence would probably be the number two charged crime.  In other words, all sorts of… Read More

Figuring Out Who is the Aggressor In a Domestic Violence Case

First you have to know why it’s important to know who the aggressor is because when the police come out to the scene because someone called 9-1-1 for a domestic violence or spousal abuse case, they’re going to be talking to everybody there.  If it’s just the husband and wife / boyfriend and girlfriend, they’re going to separate the parties and start asking questions about what happened. Police Policy to Arrest Most Violent Aggressor What they’re really trying to determine is who the aggressor was, because whoever the aggressor was per police policy is going to get arrested, taken to… Read More

Different Ways to Get Dismissal of Domestic Violence Case

This is a good topic  because most people — once they get arrested for a domestic violence case — they have to post $50,000.00, they’re in jail for a period of time and then they’re waiting for a court date — they’re typically looking for ways to get out of their case. I have people calling me, saying, well my significant other says they’re not going to prosecute me.  So, is that the end of it?  And of course, the answer is no.  It’s not them against you; it’s the People of the State of California against you, so once… Read More

Stay Away Orders in Los Angeles Domestic Violence Cases

Will the Court Order Me to Stay Away From My Significant Other in a Domestic Violence Case? It’s unbelievable.  I’m seeing more and more that courts and prosecutors are blocking the defendant in domestic violence cases from being able to come within one hundred yards of their significant other. Full Stay-Away Protective Order Even if the people live together and the defendant has nowhere else to go, at the first court appearance the prosecutors are arguing for a protective order with a full stay-away, and that means during the pendency of the case, the defendant has to stay away from… Read More

Can You Distribute Nude Photographs of Ex-Lover on the Internet?

This is the classic revenge porn statute that came into being in 2013.  With all of these computers and people videotaping their sex acts, taking photographs and posting them, there’s been a bunch of new crimes that have been added to the Penal Code.  Also, the federal level crimes have been added. This type of crime is a form of domestic violence. Consensual Nude Photos or Videos There’s one crime where you’re videotaping someone that doesn’t know that they’re being videotaped.  For example, you invoice somebody to your home and you videotape you having sex with them.  That would be… Read More

Best Defenses for Los Angeles Domestic Violence Charges

Many people across Los Angeles and California are being charged with domestic violence spousal abuse.  Basically, spousal abuse and domestic violence are the same thing.  It has to do with one party using some sort of physical force against another party that is unlawful. In other words, it’s not reasonable under the circumstances.  Usually, you’ll see some sort of an injury but it’s not completed necessary and the legislature has really taken this issue up and put a lot of mandatory punishments on anyone that’s convicted of a domestic violence-related offense. California Penal Code 243(e)(1), domestic battery, is typically charged… Read More

Criminal Threats Claims to Gain an Advantage in a Civil Matter

I see this all the time when I defend people who are charged with criminal threats or what used to be called terrorists threats.  The reality is it’s somebody threatening another person to do some sort of harm to them or their family in order to scare that person or to gain some sort of advantage over that person. Obviously, if you’re threatening somebody and you’re doing it in such a way that you’re trying to get them to do something, or maybe just because you’re simply angry at that person, you could be charged with a criminal threat, under… Read More

Will Prosecutors Drop Domestic Violence Charges If Victim Changes Story?

This is a big question on a lot of people’s minds who are charged with domestic violence across Los Angeles county because a lot of people logically think, if the person who is accusing me of domestic violence no longer wants me to be prosecuted and they want the case dismissed, then why wouldn’t the prosecutors just dismiss it? This is commonly known as a recanting victim. Domestic Violence is a Political Crime The answer to that is, because it’s not the person against you, it’s the prosecutors who represent the people of the state of California who are against… Read More