Let's review the best defense strategy if you have been charged with a California domestic violence case while going through a divorce in Los Angeles.
A considerable percentage of my clients come in who have been arrested and are going to be prosecuted for domestic violence and are also going through a divorce. Whether they are in the early stages of a divorce, which is usually the case – or it's while in the divorce.
Besides the obvious, I think one big reason that people going through a divorce can be very contentious with each other is that if one party gets convicted of a domestic violence case while a divorce is pending, that gives the other party a considerable advantage.
Unfortunately, some of these unscrupulous divorce lawyers tell their clients this information. Thus, the next thing you know, they're attempting to get the other person mad at them, so something happens, and they can get them arrested and get that advantage.
Perhaps they just make something up, or they attack the other person, and when the other person tries to defend themselves, of course, they leave out the part that they did several things and are not the victim of a domestic violence case.
Close Review of the Case Details
So, you have to look at all the facts and what evidence the prosecutors have to prove a domestic violence case during this divorce.
For example, one of the first pieces we're going to look for is whether or not there are any injuries to the victim because if there are no injuries, that makes it a very tough road for the prosecutors trying to get a conviction for spousal abuse or domestic violence while a divorce is going on.
The second thing we're going to look for is witnesses. Did anybody else see what happened, and if they did, are they independent witnesses, or are they somebody who might be partial to the alleged victim? If it's an independent witness, that's strong evidence to prove the case against the person.
Police Body Cam Evidence
The next thing we'll look for is whether or not the person made any admissions to the police. If the police have their bodycams on and somebody admits to getting and hitting another person, that will be pretty strong evidence against that person.
And that brings me to another point: even if people are changing their stories or figuring out who's telling the truth is hard.
The police typically have bodycams turned on, so everybody's statement will be documented. Any physical evidence of injuries will be verified by the police – either by taking photographs or from their bodycam.
So, many things that have happened are already locked into play, and now we need to deal with the cards we're dealt.
Common Domestic Violence Charges
The most common cases that are related to domestic violence in Los Angeles include the following:
- Penal Code 243(e)(1) PC - domestic battery,
- Penal Code 273.5 PC - corporal injury to a spouse,
- Penal Code 273.6 PC – violate a restraining order,
- Penal Code 136.1 PC – dissuading a witness,
- Penal Code 422 PC – criminal threats,
- Penal Code 273d PC - child abuse,
- Penal Code 273a PC - child endangerment,
- Penal Code 368 PC - elder abuse,
- Penal Code 646.9 PC – stalking,
- Penal Code 591 PC – damaging a phone line.
Skilled Domestic Violence Defense
I've been doing this now for over 30 years. I've handled hundreds of domestic violence cases. I've helped people.
I've done domestic violence with restraining orders to try to help my clients – even though it's something I don't like to do because it takes so long – but I do have an extensive background on how to deal with domestic violence cases while a divorce is going on.
If you need the best, and I think you do. You've come to the right place. I've worked for the district attorney's office. I've worked for a superior court judge and defended people like you since the early 1990s.
Pick up the phone now. Ask for a meeting with Ron Hedding. The Hedding Law Firm offers a free case consultation by phone or the contact form. We are located in Los Angeles, CA.