Let's review the common question of how the police determine who the victim in a Los Angeles domestic violence case is. This is a good question because a lot of times, the police are not very intelligent and don't investigate who, in fact, really is the victim.
When they arrive, they'll check to see if anybody is injured. If one person is injured and the other is not, the police will usually decide that the person injured is the victim.
If both people are injured, it becomes a little more difficult. Now, they'll start asking questions. They will try to figure out who the aggressor in the case was, who got the better of the other person, and whether or not somebody was simply defending themselves.
A lot of times, what I see the police doing is having to get a Sargent or some superior out to the scene to determine who the victim is because LAPD policy is that if they come out to a scene where somebody's been injured, they're going to arrest somebody.
Offensive Touching
They don't mess around. Suppose nobody is injured and no crime has occurred. In that case, they can't arrest anybody, but if you batter another person, either by way of harmful or offensive touching, or you threaten somebody, the police are likely going to arrest you if you come out, and really, this has been LAPD policy for quite some time now.
Eyewitnesses
I've been doing this for over 30 years and seen it change, but now it isn't good. When they come out, they're usually going to arrest somebody. So, determining the victim has to do with injuries.
It has to do with eyewitnesses. If there's an eye witness and that eye witness gives information showing that one person is the victim and the other is not, that usually will break the tie above and over the injury portion of it. A lot of times, the police just happen to make an educated guess on who the victim is when they talk to both parties.
Usually, they'll come out, separate the two sides, and get both party's stories. Then they'll start trying to figure out what happened and see if there's any corroborating evidence to support any story there is or see if there are any eyewitnesses.
Physical Injuries
If there are injuries, they'll take pictures. Remember that they usually wear bodycams, so they'll capture everything everyone says as they talk to them. Often, the prosecutors will use that bodycam video later in the case when stories start changing, and it needs to be made clear who is telling the truth.
The bottom line is that if you've been arrested for a domestic violence case or your partner has been arrested and you're trying to help them, you need the best attorney. Having the right legal representation can make a significant difference in the outcome of your case.
This is no joke. A domestic violence case can have serious consequences. You could be sent into custody, lose your career, have a protective order placed against you, be kicked out of your home, and even lose access to your children. It's crucial to understand the gravity of the situation.
I've been a criminal defense attorney since the early 1990s, defending people in these cases. I started working for the district attorney's office, then a superior court judge, and then, in 1994, I started defending people like you. If you need the best, call now and ask for a meeting with Ron Hedding. The Hedding Law Firm is based in Los Angeles, CA.
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