It is a common misconception that if the alleged victim in a domestic violence or spousal abuse case asks that the charges be dropped, that the case will be dismissed. In fact, the opposite is true.
Once the police arrive at a domestic violence or spousal abuse call, it is no longer up to the parties whether there will be an arrest.
If the police see visible injuries, they will make an arrest. The alleged victim becomes a witness at that point, and it is now up to the prosecutor to determine if charges will be brought.
Until recently, domestic abuse and domestic violence crimes could be prosecuted even if the alleged victim was unavailable or uncooperative.
Fortunately, a recent United States Supreme Court case ruled that practice violated the Sixth Amendment to the United States Constitution, the right to confront one's accuser.
Therefore, it is imperative for anyone accused of domestic abuse or domestic violence, particularly of assault and battery, to contact an attorney immediately.
Once the prosecutor has decided to file charges after an arrest for domestic violence or spousal abuse, there are myriad conditions of probation that can ruin your life.
Experienced Domestic Violence Defense Lawyers
With a combined experience of over 42 years practicing criminal law, our domestic violence defense lawyers know the domestic violence laws, the prosecutors' strategies, and the best ways to prevent a domestic violence or abuse case from getting to the trial stage.
If we are contacted immediately, we can often prevent the case from being filed by the District or City Attorneys.
If we cannot get the case rejected outright by the prosecutor, we can often have the matter set for an Office Hearing and avoid the time and embarrassment of a court appearance.
We also help with responding to Temporary Restraining Orders (TROs) that are usually issued in these cases.
There are also a large number of domestic violence and domestic abuse cases that are filed as the result of a bitter divorce or custody battle.
While Eisner Gorin LLP limits it's involvement to the criminal representation, we work closely with your family law attorney to prevent the criminal system from becoming a weapon in family court.
In some cases, a misunderstanding between loved ones could result in the filing of domestic violence charges.
If you are facing any type of misdemeanor or felony domestic violence case, you should consult with a Los Angeles domestic violence lawyer at Eisner & Gorin LLP as soon as possible.
We understand a domestic dispute can be a complex matter for both parties and there are always two sides to a story.
We also understand a simple quarrel between family members can be easily blown out of proportion during a domestic altercation.
Types of Domestic Violence Criminal Offenses
Domestic violence and domestic abuse crimes can include the following:
- Corporal Injury to Spouse
- Elder Abuse
- Domestic Battery
- Criminal Trespass
- Reckless Endangerment
- Criminal Threats
- Restraining Order Violations
- Sexual Assault
- Spousal Rape
- False Imprisonment
Contact a Domestic Violence Lawyer
If you have been accused of domestic violence or domestic abuse, please contact us. Our law offices are conveniently located in Van Nuys, California, across the street from the court house.