domestic violence case filed to district attorney, how long does it take to hear back

What do police officers do when they are called to a domestic violence scene?

The police officers who were called to the scene will write detailed domestic violence police reports, obtain witness statements, run a criminal background check on the person arrested for domestic violence, and conduct further investigation of the domestic case.

What are the most common domestic violence charges in California?

What are the most common domestic violence criminal charges in a California caes? The most common domestic violence criminal charges filed by the district attorney are corporal injury to a spouse or cohabitant in violation of Penal Code Section 273.5, domestic battery in violation of Penal Code Section 243 (e), ...

How to prepare for a domestic violence trial?

If you have a serious doubt about how your domestic violence attorney is preparing your case for trial bring it up well before the trial date. Go to the clerk’s office and add your case to calendar if you have to, and let your lawyer know about the additional court date. The judge may decide not to let you change lawyers.

What happens if you are arrested for domestic violence in California?

An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 week batterer's treatment program, mandatory alcohol education classes, and other punishment. For that reason, it is important that you have only a qualified California criminal defense lawyer handling your domestic violence case from the beginning. If you or someone you know has been or may be accused of domestic violence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a domestic violence lawyer.

What happens if you plead guilty to domestic violence?

If you plead guilty to make peace with your spouse and get on with your life your decision will haunt you. A domestic violence conviction can become a club your partner will use to beat you over the head with.

What happens if the facts are against you?

If the facts are against you the lawyers discuss the facts and make a plea bargain. When the facts are in your favor often your case will need to be ready for trial before the district attorney will dismiss it. The D.A.’s office is more likely to go to trial on close domestic violence cases. If you plead guilty to make peace ...

What does it mean when a district attorney says the district attorney could not present enough evidence to get a conviction?

It means the district attorney could not present enough evidence to get a conviction. A defense that comes up a lot in domestic violence cases is that you were defending yourself, or that you did not cause the other person’s injuries. A more difficult defense is that the other person is making the whole thing up.

What happens if you are on probation?

Remember that ultimately you are responsible for your own case. The consequence of being on probation is a severe restriction of your personal liberty, and the complaining witness will have successfully manipulated the system, or have been manipulated by the system, to get the defendant unfairly convicted.

What is the hardest case to defend?

The hardest cases to defend are the cases where you actually have a defense. In a surprising amount of cases a person with a good defense will want to plead guilty just to get on with their lives and “get it over with.”.

What stage of the criminal justice system is domestic violence resolved?

Most domestic violence cases will resolve with a plea deal at the pretrial/pre-preliminary hearing stage of criminal proceedings. If the parties are unable to reach a resolution, then the abuser’s case will proceed through the criminal justice system.

What happens after a case is filed?

After a case is filed, the deputy district attorney assigned to prosecute the case will then receive any additional evidence collected by law enforcement officers, such as the photos and recordings. These items of evidence can later be used by the deputy district attorney against the abuser in court.

What is the second date of a felony?

In a misdemeanor case, this second date will be called a pretrial hearing, while in a felony case it is called a pre-preliminary hearing . At either the pretrial or pre-preliminary hearing, the abuser will meet with his or her assigned or paid-for defense attorney to go over the case and discuss the abuser’s options.

How long does a protective order last?

A criminal protective order will generally last between 3 to 10 years.

What evidence do police collect?

This can include photos of any injuries, photos of the scene, weapons used during the altercation, text messages between the victim and the abuser, recordings of the domestic violence incident, etc.

What is domestic violence?

In criminal law, domestic violence refers to abuse or threats of abuse perpetrated against any of the following: A spouse or former spouse. A cohabitant or former cohabitant – i.e., two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship.

What is plea deal in a case?

Generally, a plea deal begins when a deputy district attorney provides an offer to the defense attorney representing the abuser. Depending on the facts and circumstances of each case, this offer can range from diversion, to probation, to prison time. The defense attorney will discuss the offer with the abuser.

What is technical assistance in domestic violence?

Technical assistance is provided to courts that are developing procedures for handling domestic violence cases. Family and juvenile dependency mediators and child custody evaluators must handle cases involving domestic violence according to state laws and rules of court and must have local protocols consistent with statutory requirement ...

What happens if a child breaks the law?

Learn more about juvenile dependency court. If a child breaks the law or is beyond parental control, the county probation office may investigate and the child may be involved with juvenile delinquency court. Learn more about juvenile delinquency court.

What is DVSP self assessment?

A court that participates in the DVSP uses the Domestic Violence Safety Partnership Self-Assessment— a tool furnished by the Judicial Council—to examine its own practices and needs in the handling of domestic violence cases, especially in relation to legal mandates.

Who reviews statements made by the defendant and victim?

A prosecutor will review any statements made by the defendant and victim. In some cases, a victim will make a verbal statement that is noted by police followed by a written one that will contain inconsistencies that an experienced defense attorney will exploit to challenge the veracity and credibility of the victim.

When appellate courts review an issue regarding sufficiency of the evidence, the standard is if the trier answer

When appellate courts review an issue regarding sufficiency of the evidence, the standard is if the trier-of-fact upon viewing the evidence in the light most favorable to the prosecution would conclude that no rational fact-finder would have found the defendant guilty beyond a reasonable doubt. 1. Domestic Battery.

What happens if a physician testifies that the injuries were not serious?

If a physician testifies that the injuries were not serious, or that the victim was exaggerating the symptoms, then this could convince the prosecutor to at least file less serious charges relating to the incident. 2. Inconsistent Statements. A prosecutor will review any statements made by the defendant and victim.

Does lack of visible injuries mean domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

Is it offensive to touch someone without their consent?

If you intentionally touch someone without their consent, it is potentially an offensive act. Under the law, “the least touching may constitute battery; force against a person is enough and need not be violent or severe and does not need to leave a mark. It is enough if the victim’s feelings are injured by the act.”.

Is the victim credible?

The Victim Is Not Credible. A prosecutor may also feel the evidence of a domestic battery is insufficient because the victim’s credibility is suspect 5. For example, the victim may have a history of the following: Mental illness. Making false accusations in the past, or.

How long before hearing to ask for accommodations?

A: If you have a disability, contact the clerk at least 1 week before the hearing to ask for accommodations. Click to find your local court . For more help, read For Persons With Disabilities Requesting Accommodations: Questions and Answers About Rule of Court 1.100 for Court Users.

How to get a restraining order?

A: Call your local agency to ask about their procedures. Take a copy of the restraining order with you. Go directly to the law enforcement agency and make sure your gun is not loaded. Do not go anywhere else with firearms in your vehicle!

Where do restraining orders get entered?

Restraining orders get entered into a special computer system at the California Department of Justice. That way, police officers across the state can find out about your order. In some counties, the court sends your order to the state computer for you. Ask the clerk if your court will do this.

Do I need a green card to go to domestic violence court?

A: You do not need a green card to go to domestic violence court. They will not report you to immigration. BUT having a restraining order against you may affect your immigration status if you are trying to get legal papers. It is VERY important that you talk to an immigration lawyer. Click for help finding a lawyer.

Can a family law clerk help with child support?

The clerk can also send you to the family law facilitator for help with child support and spousal/partner support. And the facilitator may also be able to help you with the restraining order. You may also be able to get a court order that the other person pay for your lawyer's fees. Read the section Asking for Lawyer's Fees ...

Can I petition for legal status if my spouse is abusive?

A: There are laws that may protect you if your immigration status depends on your spouse and he or she is abusive toward you. If your immigration status is dependent on your spouse and you are a victim of domestic violence, you may be able to “self-petition” for legal status under the federal Violence Against Women Act (VAWA). You can get more information at:

Can a judge order a child to stay in California?

A: Yes. The judge can order the person named in the orders not to take the children out of California, or the county you live in, without your written agreement or another court order.