Posted By OKABE & HAUSHALTER 04-Aug-2018
The topic of domestic violence is a difficult one in today’s world. There are too many couples that see their relationships come to a screeching halt due to domestic violence issues. What many people tend to forget is that domestic violence does not only involve love interests. It also involves violence between siblings, cousins, friends and any two people who live together. Our Los Angeles criminal defense attorney would like to discuss the most commonly used defenses to domestic violence charges in today’s post.
Ask for a Continuance
One of the first things you should do, and your criminal defense attorney will help you with this, is to ask for a continuance. For the most part, hearings for domestic violence cases are held within 10 days of the charges being filed. You are within your rights to request a continuance. This will postpone the initial hearing for a specific time so that you have the ability to gather evidence and build a defense against the charge levied.
Did the Reported Act Actually Constitute Domestic Violence?
This is an important question to ask and should be analyzed in depth by you and your criminal defense attorney in Los Angeles. In order for a domestic violence case to move forward it must contain one or more of the following acts:
- Terroristic threats
- Sexual assault or lewdness
- Criminal trespass
- False imprisonment, criminal restraint, or kidnapping
- Criminal mischief
- Criminal sexual contact
Should the domestic violence case involve any type of contact that is not associated with one listed above the judge could very well dismiss the case and the charges against you.
Have all the Requirements for Jurisdiction Been Met?
Every domestic violence case, in order to proceed, must meet jurisdiction requirements. This is a way of saying that both people involved, the plaintiff and the defendant, fall into one or more of the categories listed below.
Former Household Member, Former Spouse, or Spouse
According to the Prevention of Domestic Violence Act, or PDVA, a victim of domestic violence is defined as a person who is 18 or older who has been subjected to domestic violence by a former spouse, a spouse, a current member of the household or a former member of the household.
Couples with a Child or who is Going to Have a Child
According to the PDVA, the definition of a victim of domestic violence continues if the person exposed to the violence has a child with the offender or is going to have a child with the offender. The victim can be of any age in this category.
Couples Currently Dating
Anyone who is currently in a relationship, dating, the offender, is viewed as a victim of domestic violence. This also includes anyone who was in a dating relationship with someone who was violent with them.
Are you facing a charge of domestic violence in Los Angeles? Contact the experienced team of Okabe & Haushalter in California today at 310-430-7799 to schedule an appointment for a review of your case.
Category: Criminal Defense