In what is turning out to be an incredibly complicated case, a former San Fernando city councilwoman has pleaded not guilty to charges of battery and vandalism while the alleged victim in the crime appeared in the courtroom and called for charges to be completely dropped. Maribel De La Torre was having an affair with married former councilman Mario Hernandez when the two had an argument on June 28th that allegedly turned violent. De La Torre is accused of attacking Hernandez, including punching, slapping, choking and pushing him, as well as smashing both his laptop computer and a glass frame. De La Torre maintains that she was acting in self defense and is innocent of the charges against her. When asked about the current state of her relationship with Hernandez, she replied that there was “no relationship,” though Hernandez has been at both of her court appearances and has declared that he will not testify against her. Outside the courthouse, Hernandez reiterated that he did not intend to testify and instead called attention to what he believed was improper handling of the case by the San Fernando Police Department. He would not elaborate on what he meant by the statement.
The apparent truce aside, Hernandez asked for, and was granted, a temporary restraining order against De La Torre on July 3rd of last year. Two days later, on July 5th, De La Torre also filed for a temporary restraining order against Hernandez, indicating that she believed Hernandez was the aggressor, not her. Later in July both Hernandez and De La Torre agreed to drop their respective restraining orders and settle the matter privately.
Hernandez’s assertion that he will not testify against De La Torre, as well as his call to have the charges against her dropped, are falling on deaf ears. Under state laws, if evidence of domestic abuse is found by law enforcement agents, charges against the alleged perpetrator can still move forward. Anyone familiar with domestic violence laws can tell you that alleged victims of domestic abuse can and frequently do either recant their stories or decide not to press charges against their abusers. These laws were put in place in part to prevent people from staying in potentially abusive and even dangerous relationships and endangering their safety. Since Hernandez, who has resigned from his post as council man, is still considered a witness to a crime, prosecutors maintain that he can still be ordered to take the stand and testify. It remains to be seen, however, what would happen if he simply refused to answer questions while on the stand.
Tagged as: battery, domestic violence pc 273_5, los angeles battery defense, Los Angeles Criminal Defense Attorney, los angeles criminal defense attorney, los angeles domestic violence defense attorney, san fernando violent crime defense lawyer, vandalism pc 594
There may be no better example of how complicated a Los Angeles Domestic Violence case can get than the current situation involving former UFC champ Tito Ortiz and former porn star Jenna Jameson. Whenever a Los Angeles Criminal Defense Attorney represents someone in a domestic violence case, he must illustrate that the laws surrounding domestic violence are difficult to navigate once a charge has been filed.
Details of the Los Angeles Domestic Violence CaseIn late April, Jenna Jameson called the police claiming that she’d be attacked by her long time boyfriend, UFC champ Tito Ortiz. After the arrest, Jameson made claims that Ortiz had hurt her and Ortiz claimed that Jameson was an ongoing drug addict and that the injuries were self inflicted. However, after charges were filed, Jameson claimed that the press and even the police “dramatically distorted and misinterpreted" the events and the remarks made by the both of them. Ortiz’s Los Angeles Criminal Defense Attorney stated that the whole thing was a “big misunderstanding."
Obviously, with celebrities and the wealthy, there is much more at stake for them than simply their freedom when charges such as domestic violence are brought up. Allegedly, Ortiz stood to lose $15 million if he was convicted of the charge, and his overall popularity would obviously be impacted as well. For the average person, jail, fines and worse are all potential options, making their need for a skilled Los Angeles Criminal Defense Attorney that much more important.
Domestic Violence LawsRegardless of Jenna Jameson changing her tune, once a charge has been filed the police are bound by law to continue to investigate any domestic violence charge. Los Angeles Criminal Defense Attorneys regularly represent people whose spouses made false claims and then recanted, only to find themselves in court anyway. People convicted of domestic violence charges in Los Angeles will face imprisonment, restitution, large fines, community service and restraining orders which can have serious consequences on a person’s life. A strict restraining order might even prohibit someone from entering their own home or seeing their children.
Options for the AccusedIf you have been charged with domestic violence, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP today. Our skilled team of lawyers will thoroughly analyze your case, counsel you on your best options and provide exactly the criminal legal defense you need to avoid jail time. Call us today at 877-781-1570.
Tagged as: los angeles domestic violence defense attorney
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.