Domestic violence (DV) is a serious accusation, and a conviction can result in harsh penalties as well as lasting damage to a person’s reputation. Over times, laws have become increasingly friendly to victims of domestic violence. People who have been falsely accused of DV, however, will likely need help from an experienced attorney to mount an effective defense. The following are a few tips from a domestic violence lawyer in South Bay, CA.
Step One: Cease Contact
When a person files a complaint of domestic violence, the judge will often issue a temporary restraining order (TRO). When a TRO is in place, the accused may not approach or contact the complainant in any way, including by phone, text message or social media. It’s important to obey the terms of the TRO and cease all contact immediately.
Step Two: Ask for a Continuance
After a DV complaint has been filed, the accused will need to attend a hearing within ten days. By asking for a continuance, the accused can gain more time to prepare a defense.
Step Three: Make Sure the Action in Question Qualifies as Domestic Violence
The legal definition of domestic violence can include many actions, from hitting to shoving and threatening verbally. However, some actions may not fit any of those descriptions. Angry words, if not specifically threatening, do not count as domestic violence, and neither do accidents that result from rough consensual play.
Step Four: Prepare a Defense
There are just two possible defenses of a domestic violence charge. One of them is self-defense, meaning that the accused person committed a violent act in fear of their life or safety. The other defense is to say that the behavior was a de minimis infraction, meaning that the offense was too minor to qualify as domestic violence.
Step Five: Conduct Discovery
Before the trial, the defendant and their attorney should request to see copies of any documents the prosecution plans to present. These can include medical records, photographs of injuries, and a transcription of the TRO hearing, among other things.
To learn more about how a domestic violence lawyer in South Bay, CA prepares a defense against a domestic violence charge, contact Shook & Associates Inc or browse the website.
