Example Case – Man Charged With Domestic Violence
If you are a victim of Domestic Violence, here is the CDC Violence Prevention Resource Directory containing all the contact information to find help. You may also want to visit the National Domestic Abuse Hotline.
While many domestic violence cases involve inexcusable violence, a number of allegations are found to be false, or motivated by greed, anger, or revenge. Below, see a very brief but true example of a past Domestic Violence case.
Charges – Misdemeanor Domestic Violence
My client was a 50 year old man who was arrested and charged with the crime of misdemeanor Domestic Violence against a girlfriend who often spent weekends with him at his gated home in Westlake Village. He had never been arrested for any offense.
Law Enforcement Response
At the request of the alleged victim who had red marks on one arm which she claimed were caused by my client, deputies responding to a 911 call, obtained an Emergency Protective Order (EPO) which excluded him from his own home. The order precluded him from having any contact with her. He had to have friends retrieve his vehicle and clothing from a home now left in the hands of the soon to be former girlfriend.
Client/Attorney Meeting and Arraignment Hearing Results
My client was referred to me by his corporate attorney who recognized the client’s need for immediate counsel. We met immediately at my office and commenced a comprehensive investigation into the facts and circumstances of the case.
When we appeared in court for arraignment, the Domestic Violence judge refused to lift the restraining orders. Consequently, my client was forced to reside with friends away from his home pending resolution of the case.
Pretrial Settlement Offer and Client Response
The pretrial settlement offer was 3 years formal probation, 30 days in jail or a recommended alternative of freeway trash pickup for 30 eight hour days, 52 weeks of domestic violence counseling, fines and probation fees of approximately $5,000, restitution for medical expenses incurred by his girlfriend including psychological counseling, and protective stay away orders although he would regain possession of his home. My client opted to reject the settlement offer and proceed to jury trial.
Trial by Jury and Outcome
The girlfriend testified and was subjected to cross examination. The trial lasted 4 days. The jury deliberated 3 hours before finding my client not guilty of all charges. His girlfriend stormed out of the courtroom, followed by her civil attorney who had threatened to file a civil case for money damages. The chances for success in civil courts disappeared.
The grateful client is now able to relax at his home, but will never forget the difficult ordeal.
Los Angeles Criminal Defense Attorney James Gregory has the background and experience to find and expose the weaknesses of a domestic violence case and vindicate the accused at trial. To arrange for a complimentary consultation, please complete the form below.
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