Defense Strategies for Domestic Violence Charges By Okabe & Haushalter

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Defense Strategies for
Domestic Violence Charges By Okabe Haushalter
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VIOLENCE 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.
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DO 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

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• 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.

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DMV 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 

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DOES 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.

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ASK 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.

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ANALYZE 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.

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Okabe 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.

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Reach Okabe Haushalter at
Manhattan Beach Address
1230 Rosecrans Avenue, Suite 300 Manhattan Beach,
CA 90266
PHONE
[phone]
WEBSITE
https//www.southbaylawyer.com/Contact_Us.aspx