Domestic violence charges can be very scary because, typically, what happens is that the person is arrested. They have to post a $50,000 bail. Usually, the other spouse now has control of the home.
If there are kids involved, you're often prevented from seeing them. It really throws your world into an uproar. So, as far as what you should do, I think first, don't cause any more problems with the person who's claiming that you committed domestic violence against them.
Why? Because it's the best way to navigate this complex situation. A strategy meeting with a criminal defense attorney who specializes in domestic violence cases and is familiar with the jurisdiction where your case is pending is crucial. They will provide you with the guidance and support you need during this challenging time.
In other words, there are a lot of cases in that particular courthouse where your case is going, because then they'll know the ropes over there. They'll know the players – the prosecutors, the judges – and they'll understand how these types of cases are typically handled.
It's kind of a dicey area dealing with the other person who has accused you of domestic violence because depending on how that person feels about you now – if they're still angry with you, obviously they can still do and say some things – they can get you in further trouble, either through the police or through the prosecutors or even the judge in the case.
Seeking advice from your attorney is not a sign of weakness, but a smart move. It's important not to start making decisions on your own and hope for the best. Understanding the legal processes and how to proceed step by step in domestic violence cases in Los Angeles is crucial. Your attorney can guide you through this, empowering you to make informed decisions.
However, if you think that and you haven't got any basis for it, you haven't consulted with an attorney. If you haven't had a domestic violence case filed against you before in Los Angeles, then you're really operating dangerously.
Example of Domestic Violence Accusations
I'll give you a perfect example. People think it's a husband and wife scenario, and the husband has struck the wife. $50,000 bail and now has to appear in one of the courts in Los Angeles County.
So, the husband finds out that the wife feels bad about him being arrested and obviously doesn't want to lose her meal ticket, so to speak, because he probably supports the family and now wants to take everything back. So, a logical person would think, okay, well, it's her against me.
If she wants to take it back, that's it. I get to get out of it, and I can move on with my life and be more careful. No, that's not right because it's not her against you; it's the People of the State of California against you.
Domestic violence is a very politically charged issue, so the prosecutors are used to that – that the alleged victim tries to change their story, and they're not going to allow it to happen.
They're going to call the police in and say, hey, you talked to Sally Jo over there, and she had marks on her, and she was crying, and she said that this happened and that happened, and look at her now, she's trying to change her story.
Did you believe her at the time that she told you? Of course, I did. I saw the marks. She was crying. They're going to play the 9-1-1 tape where Sally Jo is screaming and yelling, so that won't work. That does not work. It's as simple as that. Whether people like it or not, more is needed to solve the problem. Therefore, it's still essential to inform your attorney that your wife is now on our side.
She'll do whatever she can to help. That's good information to have, and the attorney can figure out – based on the courthouse and the way things work there, and just their common sense and experience – what, if anything, the fact that the alleged victim is no longer at odds with the defendant, what can be done to use that to try to help – whether the alleged victim goes and talks to the prosecutor or detective. That's something that the attorney can discuss with the defendant.
Lawyer To Guide You Through The Process
It's essential to have a lawyer guide you through the process. They can advise you on whether you're allowed to contact the other party, especially if a restraining order or protective order is in place. This guidance can help you avoid violating any orders and facing additional criminal charges.
If the judge issues a protective order and the criminal judge orders you not to contact that person, then you can't do it. Otherwise, you'll violate the order, and you'll face additional criminal charges and further problems.
But if there's no restraining order and no protective order in place, then technically, yes, you can contact the other party. But you would only want to do that if they were amenable to it. Because if they're still mad at you, contacting them is just going to trigger more problems for you.
So, the process is to get to an attorney and go over how you can beat a domestic violence charge. Let them guide you through it. Once you are arrested, you post bail and are released; then, you'll appear in court. Your attorney will appear with you at the arraignment, and at that time, the judge is going to issue a protective order for you to stay away from the other party while the case is pending.
They do that because they don't want any more trouble. But if the other party shows up – whether it's your husband, wife, or significant other – and says they don't want a full stay-away, the prosecutors can speak with them and decide whether they will agree to that. If they do, then they can say, 'Yes, we will issue a protective order.' This process involves a negotiation between the prosecutor, the accuser, and your attorney to determine the terms of the protective order.
While you must not harm the other person, there is a possibility for a positive outcome. If both parties agree and remain peaceful, the case can proceed. It may be resolved through a negotiated plea or go to trial, where a jury will determine the person's guilt or innocence. There is hope for a fair resolution.
There are circumstances where one spouse or party has lied, and you can show the prosecutors that, and if it's done sufficiently, then the prosecutors can dismiss the case if they decide to do that. It's just hard to convince the prosecutors to dismiss a domestic violence case in Los Angeles once they file it.