Hedding Law Firm

Category: Domestic Violence

How to Defend the Violation of a Protective Order

A lot of protective orders are issued in Los Angeles county usually related to some sort of a domestic violence charge. A violation of a protective ordered is defined under California Penal Code 273.6. There is one big thing I see after 26 years of defended these cases. A lot of times, the alleged victim who is the person that the protective order supposedly protects — is actually the one who reaches out to the defendant. Then, the the defendant somehow gets caught communicating with the alleged victim or seeing the alleged victim and somehow they think it’s a defense… Read More

Coronavirus Update on Domestic Violence Protective Orders

The Latest News on Protective Orders Related to Los Angeles Domestic Violence Criminal Cases During Coronavirus I’ve been handling domestic violence – spousal abuse type matters involving husband/wife, boyfriend/girlfriend, two husbands, two wives together.  It doesn’t really matter.  I’ve been handling these cases now for over 26 years and all the cases are handled the same. But one of the biggest things that has changed over the course of the last few years has to do with a criminal protective order. The police might tell you to go get a restraining order.  Sometimes people get one; sometimes they don’t.  You… Read More

Will Prosecutors Drop a Domestic Violence Case 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

Why Would A Prosecutor Drop A Domestic Violence Case In Los Angeles?

Many people believe that if their significant other drops domestic charges against them, the case will disappear and they will not need an attorney. In reality, it is not the person who pressed domestic violence charges that decides whether or not the domestic violence case proceeds; it is the prosecutors who decide this. While I have had success in getting prosecutors to drop cases at the prefiling stage, this is only possible when certain factors are present. One such factor is an absence of injury to the alleged victim, as this makes it very difficult for the prosecutors to litigate… Read More

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

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