The prosecutors have a difficult road in prosecuting many California domestic violence cases in Los Angeles. Often, what happens — and they are used to this — is that the alleged victim decides they don't want the person prosecuted.

So, now the prosecutors have to deal with somebody in their camp who is adverse to them and what they're trying to do.  Realize the prosecutors are simply trying to protect victims of domestic violence. They're trying to make sure that those who batter other individuals or hurt them are prosecuted and deterred from committing future domestic violence-related offenses.

Prosecutors, with their focus on protecting the victim, are undeterred by attempts to alter the narrative. Even when the victim changes their story, a common challenge, prosecutors stand firm.  They continue to pursue the case, using police statements to bolster their prosecution.

If the person gets on the witness stand, for example, and tries to change their story — tries to help the defendant in the case — the prosecutors will, of course, confront them and say, wait a minute, back then look, you've got a black eye, and you told the police that this person hit you.

Now, you're just trying to say this to help them because they're your only source of income, or they're the father of your child, whatever the case may be.

So, then the prosecutors will call the police officer who took the statement and say when you went out there and took the information, the person was crying, they had a black eye, they said that Bill is the one who hit them, and they gave a complete description of it.  Did they seem sincere to you?  Yes, they did.  So, you're not just going to lose the case because someone doesn't cooperate, but this is a problem for the prosecutors.

If someone is trying to take back domestic violence-related charges, it can sometimes work to the defendant's benefit.  Other times, it doesn't make a difference. Our Los Angeles criminal defense attorneys will explain further below.

Victim Doesn't Cooperate With the Prosecutor

Another problem in prosecuting these domestic violence cases is that once the case is set for trial or if the case is set for a preliminary hearing in a felony, the alleged victim doesn't want to cooperate. They don't show up at the court proceedings. The fact that they attempt to evade being served with a case so they don't have to appear creates another challenge for prosecutors in trying to prosecute these cases.

There is a case called People v. Crawford that allows prosecutors to use other evidence of the victim's statement, rather than requiring the victim to be present live and in person. Sometimes, the police record the statement on a body camera.

While it's usually inadmissible, there are instances when prosecutors manage to present these statements as evidence against the defendant in domestic violence cases, a tactic that can work both ways.

On the one hand, the jury is scratching their heads, saying, 'How come the alleged victim isn't here to tell us their story? '  I'm not sure if I believe what this police officer is telling me.  On the other hand, the defense doesn't get an opportunity to cross-examine the alleged victim or ask them any questions.  So, that makes it difficult as well.

So, you have to know the case well as a defense attorney and learn what it's going to take to defend it if you're going to take it to trial. Sometimes, the victim not showing up, although it is a problem for the prosecutors, can also be a problem for the defense. This can lead to the case being dismissed or the defendant being acquitted, but it can also make it difficult for the defense to present their case effectively.

Developing a Defense Strategy with an Attorney

Therefore, prosecutors face numerous challenges in handling these cases. Still, they're accustomed to dealing with these problems and have countermeasures in place to address an uncooperative victim, for example, or other issues that may arise in the case. These countermeasures may include using other evidence of the victim's statement, such as police recordings, or finding ways to present the victim's statement in court even if the victim is not present.

For a defendant and their defense attorney, the best approach is to coordinate and develop a strategy that best fits the case.  This involves anticipating the challenges the prosecutors will face and figuring out how to use those challenges to your advantage. By doing so, you can ensure the best possible outcome in your domestic violence case and minimize the impact of these challenges on your defense.