Domestic Violence Lawyer: Case Study
domestic battery

Any Orange County domestic violence lawyer knows that when someone is arrested for a domestic violence crime like domestic battery or infliction of a corporal injury in Orange County, they are usually booked into the Orange County Jail. From there, they are either released on their own recognizance or upon posting of bail or bond. Those defendants who must post bail but cannot afford it must remain in custody during the litigation of their domestic violence lawyerdomestic violence case. Some cannot afford to hire their own Orange County domestic violence attorney. The court will appoint the public defender to represent them in court.

What Happens In Court In A Domestic Violence Case

The defendant’s Huntington Beach domestic violence lawyer will appear with them at the arraignment. The defendant and his or her Irvine domestic violence attorney will enter a plea, which is usually “not guilty”. If the defendant is charged with felony domestic violence, then they are entitled to a “preliminary hearing”. At this hearing, the Orange County District Attorney must show enough evidence to persuade a judge that the domestic violence case should go to trial. This standard is very low and it is rare for a defendant’s San Juan Capistrano domestic violence lawyer to get the case dismissed at this hearing.

Typically, a series of pretrial conferences follow the preliminary hearing. These pretrial hearings are usually scheduled about a month apart and give the defendant’s Costa Mesa domestic violence lawyer a chance to negotiate a favorable settlement in the domestic violence case. If the domestic violence case doesn’t settle or is not dismissed, then it is set for trial.

A Domestic Violence Trial

Domestic violence trials are like any other criminal trials. Almost all of the rules of evidence and procedure are the same as any other trial, with one important exception. Evidence Code Section 1109, which deals with “character” evidence, allows the DA to introduce evidence of prior acts of domestic violence over your Newport Beach domestic violence lawyer’s objection. You see, in most cases, evidence of a defendant’s character is inadmissible. For example, in a DUI trial, the DA cannot present evidence that the defendant has prior DUI convictions in order to prove that the defendant was driving drunk on this occasion. Nor can the DA introduce evidence that the defendant has a reputation for driving drunk to prove that he or she did so on this occasion. If such evidence were attempted to be introduced, the defendant’s DUI lawyer would quickly object to this inadmissible “character evidence” and the judge would sustain the objection.

But Evidence Code Section 1109 actually says that in cases of domestic violence, the usual rules that exclude character evidence don’t apply. Thus, when a defendant is on trial for domestic violence, the DA can present evidence to the jury that the defendant has committed prior acts of domestic violence committed within the past ten years. The defendant’s domestic violence attorney cannot successfully object on grounds of character evidence. Moreover, the DA can put on witnesses who will testify that they know defendant and that the defendant has a reputation for committing domestic violence.

Free Telephonic Consultation With An Orange County Domestic Violence Lawyer

If you have questions regarding domestic violence charges in Orange County, call The Law Office of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County domestic violence defense attorney. You can also visit us online. Our main office is at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.

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