The statistics are alarming. Domestic violence cases are on the rise and not just in California. Anyone can be a victim of domestic violence, though numbers for women tend to be higher. As a victim of domestic violence, you have specific legal rights. This usually includes pressing criminal charges and going through the legal system.
So, what does the typical process of a San Diego domestic violence case look like? Surprisingly, the legal process is pretty straightforward. However, this doesn’t mean you probably don’t have a few questions.
Typical Process of a Domestic Violence Case in California
Navigating a domestic violence case in California typically depends on the circumstances. Generally speaking, the process begins once the suspected domestic violence is reported. One or both parties are arrested, and the case goes to a detective.
The arraignment stage is next. This is when the defendant is formally made aware of the charges against them, and they will enter a plea. Legally speaking, one of the first things a victim’s attorney will seek is the implementation of a protective order against the defendant.
Protective orders are in place to protect victims from further contact and retaliation for the report. The order will prohibit the accused from contacting or coming near the victim. There are different types of protective orders. A lawyer can help the victim request one that is most appropriate for their situation.
The court will also determine if a child custody order is necessary if there are children involved or shared between the two parties. The court may grant the victim sole custody to keep them safe or prevent them from witnessing additional abuse. The defendant may receive supervised visits if appropriate. In the most serious cases, a defendant may be ordered to have no contact with the children.
Next is pretrial. At a pretrial hearing, the defense attorney and prosecution will negotiate and exchange discovery. Both sides will try to settle the case in pretrial. However, if they are unable to resolve it, the case will go to trial. At trial, the prosecution seeks to prove the defendant’s guilt. Once both sides have presented their arguments, the jury will decide if the defendant is guilty (beyond a reasonable doubt) or not guilty.
If the defendant is found guilty, the penalties and next steps will be determined based on the details and severity of the case. Penalties could include fines, jail time, probation, and mandatory counseling or rehab programs. Civil remedies are another possibility, such as legal separation, child custody, or civil claims for damages.
Common Questions About Domestic Violence Cases
Even though the Golden State’s laws are designed to make the legal process fairly easy for domestic violence survivors, it doesn’t mean you don’t have any questions.
Can a Domestic Violence Case Be Dismissed in California?
A domestic violence case can be dismissed in California under certain circumstances. The decision is usually made by a judge or prosecutor based on several factors, such as insufficient evidence, witness credibility, or if the victim requests the charges to be dismissed.
What’s the Average Timeline of a California Domestic Violence Case?
The length of time a domestic violence case takes varies based on several factors. Some of these factors include the complexity and severity of the case, how many (if any) children are involved, and the court backlog. Other factors, such as pretrial motions, plea negotiations, and the scheduling of the trial, can also affect the length of the case.
How Is the Defendant Punished in a Typical Domestic Violence Case?
Domestic violence punishment is addressed through both civil and criminal processes. In civil processes, victims can seek compensation through civil claims and protection through restraining orders or child custody orders.
In criminal processes, perpetrators can face prosecution and other penalties under the law if they are deemed guilty of the charges against them. Some penalties include fines, probation, and counseling and rehabilitation programs.
What Types of Evidence Should Be Used In a Domestic Violence Case?
Attorneys and survivors aren’t limited to just one type of evidence in a domestic violence case. Some common types of evidence include photographs of injuries, medical records, evidence from the scene, witness statements from those who have knowledge of the situation or observed the abuse, documentation of previous instances of abuse, testimony from professionals, and electronic evidence (such as text messages) that support your claim.
If you’re a victim of domestic violence, don’t suffer in silence. Report the abuse to the authorities and contact a California domestic violence attorney.
