Domestic Violence Cases
DOMESTIC VIOLENCE, A WOBBLER (CAN BE CHARGED AS A FELONY OR A MISDEMEANOR) PC 273.5 Section 1
Do not ignore this charge, it is very serious and comes with an automatic protective order which will be served on you by the police and/or at your first appearance (arraignment.)
Victoria always enters a not guilty plea at arraignment, that’s how it’s done.
She will appear for you if it’s a misdemeanor if you authorize her to do so (this is called 977(a) authority.) Victoria can also accept the CPO (Criminal Protective order).
The CPO is standard with any domestic violence case. It is one of the layers that Victoria must deal with especially if you and your partner want to remain living together.
This will be discussed upon the retaining of Victoria. She is aware that many people go online to try and “do it themselves” or DIT—NO BUENO!! Do not try to do surgery on yourself!
Victoria comes from a family of physicians and is the first person in her large family to become a lawyer, and she takes her cases seriously while maintaining her sense of humor and dignity.
The CPO (criminal protective order) is an integral part of the charge that people don’t know about until it happens to them. Victoria knows exactly how to deal with this and even what paragraph needs to be stricken or modified.
Victoria has dealt with hundreds if not thousands of DV cases. As the saying goes “there is no substitute for experience.”
You won’t be getting a rookie lawyer with Victoria. Her high heels have seen a lot and she has stomped the hallways of many courthouses for nearly 20 years.
THIS IS A TRUE STORY!!
Victoria did a trial some years ago (one of many) where the alleged victim did not appear for the trial (this is a whole other blog that Victoria explains to prospective or active clients.)
The prosecutor decided that he wanted to go to trial using a 911 call.
These days everyone records everything with their phone, has a “ring” device or some kind of surveillance, in other words, there is a good chance that if you did have an argument with your partner and things got out of hand, it is either on audio or video—that is why you have to have a lawyer who is prepared for anything and is not afraid to go through all of the discovery (i.e. the heavy lifting.)
Victoria went through the entire trial without a victim. Her client sat calmly beside her while the prosecutor played the 911 call.
Victoria wondered to if the prosecutor had even listened to the recording.
That being said, Victoria put on a defense and gave an impassioned closing argument which resulted in an acquittal.
The name or intimate facts of the case cannot be shared due to the attorney client privilege.
The look on the prosecutor’s face when he heard the verdict was one of shock, disbelief and disdain.
Hey, it’s not for the faint of heart!!
So yes, even if the complaining witness (CW) or the alleged victim does not appear throughout the pendency of the action, there can still be a trial. This is why you cannot do it yourself!
GO WITH THE PRO! VICTORIA
This is just one example of many of Victoria’s cases.