Title: Defense Strategies for Domestic Violence Charges By Okabe & Haushalter
1Defense Strategies for
Domestic Violence Charges By Okabe Haushalter
2VIOLENCE CLAIMS
Domestic violence claims are very severe, and can
even result in eviction, large fines, criminal
penalties, and even prison sentence. Every year,
thousands of Americans file domestic violence
complaints against their partners, and its fair
to say that about a third of those are dismissed
because the plaintiff falsely accuses her/his
husband or wife, due to lack of evidence, or
because the severity of alleged physical abuse
has been exaggerated.
3DO THE ALLEGATIONS REALLY CONSTITUTE DOMESTIC
VIOLENCE?
- Under federal and state laws in California, the
following acts constitute domestic violence - Assault
- Harassment
- Stalking
- Lewdness or sexual assault
- Criminal sexual contact
- Criminal mischief
4- Homicide
- Criminal trespass
- Burglary
- Kidnapping
- Terroristic threats
- If youre being accused of something that isnt
based on any of the above-mentioned acts,
the domestic violence case filed against you may
be dismissed. For example, verbal insults are not
considered domestic violence unless they turn
into verbal harassment and negatively affect the
victims mental, emotional or physical wellbeing.
5DMV ACT
- According to the Prevention of Domestic Violence
Act, a victim of DV can bring a claim against the
defendant if he/she is a spouse, former spouse,
present or former household member. - In order to be able to file a claim, the alleged
victim must be 18 years of age or older or be
an emancipated minor
6DOES THE CASE LACK SUBJECT MATTER JURISDICTION?
- If youre working on a defense strategy to defend
yourself against criminal defense claims, its
vital to check if the jurisdictional
requirements have been met, something you should
do in the presence of your domestic violence
lawyer in Los Angeles. - A person cannot file a domestic violence
claim against just any person, as under federal
and state laws in California, the defendant must
be related to the alleged victim in a certain
way.
7ASK FOR A CONTINUANCE AND HIRE A LAWYER
- Typically, a domestic violence hearing will be
held within 10 days after the victim files a
formal complaint. Given the seriousness of
penalties and consequences you may be facing if
charged with domestic violence, its advised to
consider asking for a continuance of the hearing
date. - Not only will you have enough time to find a
skilled domestic violence attorney in Los
Angeles, but also work on your defense in order
to look for sufficient evidence challenging the
victims claims, find witnesses and/or try to
negotiate and settle with the plaintiff outside
of court.
8ANALYZE YOUR DEFENSE STRATEGY
- Generally, courts in Los Angeles recognize two
defenses for domestic violence cases
self-defense and a de minimis infraction. - In the former case, the defendant will have to
prove that the use of physical force was
justified due imminent bodily harm. However, if
youre a husband using the self-defense card
against your wife, this defense strategy may not
be the best option unless youre represented by a
Los Angeles domestic violence defense Attorney. - The second defense is a da minimis infraction,
which means proving that the alleged act of DV
was too minor to entail domestic violence charges
and constitute a criminal offense.
9Okabe Haushalter
- Only an experienced attorney from Okabe
Haushalter law firm can help you to find the most
effective defense strategy in your particular
case to avoid severe penalties, restraining
order, fines, and even jail time. - Contact the lawyers to get a free consultation
today.
10Reach Okabe Haushalter at
Manhattan Beach Address
1230 Rosecrans Avenue, Suite 300 Manhattan Beach,
CA 90266
PHONE
(818) 722-3452
WEBSITE
https//www.southbaylawyer.com/Contact_Us.aspx