One of the most pressing questions we often receive is how prosecutors can still prove guilt in a California domestic violence case if the significant other refuses to cooperate. Domestic violence, or “DV,” is a deeply serious crime committed against someone with whom you share a close relationship. It is the most commonly charged and profoundly serious crime in California, encompassing a wide range of laws. The gravity of this issue cannot be overstated.
What separates domestic violence from other crimes is the close relationship between the two parties. The alleged victim has to be any of the following:
- current or former spouse,
- boyfriend or girlfriend,
- cohabitant,
- family members,
- former dating partner,
- parent of your child.
Readers should note that DV is rarely a single incident. Instead, it's a persistent and often unrelenting cycle of violence. It's common for law enforcement to respond to a 911 call from the same person at the same address involving the same perpetrator multiple times, highlighting the urgent need for intervention.
Most domestic violence charges in California are “wobblers” that can be filed as a misdemeanor or felony crime. It's crucial to note that the victim can't “drop” the charges. It's not their decision to make and is discussed further below.
To be convicted of a domestic violence-related charge, prosecutors have to prove your actions against the alleged victim were willful and there was a relationship described above. In this article by our Los Angeles criminal defense attorneys, we will examine this topic in more detail below.
What Are the Common California Domestic Violence Charges?
Domestic violence is a broad legal term covering many situations and laws in California. The most commonly charged DV crimes include:
- Penal Code 243(e)(1) PC – domestic battery,
- Penal Code 273.5 PC – corporal injury to a spouse,
- Penal Code 273.6 PC – violating a restraining order,
- Penal Code 422 PC – criminal threats,
- Penal Code 368 PC – elder abuse,
- Penal Code 273d PC – child abuse,
- Penal Code 273(a) PC – child endangerment,
- Penal Code 278 PC – child abduction,
- Penal Code 136.1 PC – witness intimidation,
- Penal Code 591 PC – damage a phone line,
- Penal Code 646.9 PC – stalking,
- Penal Code 653m PC – making annoying phone calls.
Another common domestic violence situation includes harassment by posting damaging or harmful information online that violates California Penal Code 647(j)(4) revenge porn laws.
Can a Domestic Violence Victim Drop the Charges?
This lack of control is one of the most significant issues in domestic violence that people often come to me with. They arrive with a sense of confidence, believing that their significant other's desire not to prosecute will lead to a quick dismissal of charges. However, the reality is starkly different. The prosecutors are usually going to prosecute the case anyway, highlighting the lack of control the victim has over dropping the charges.
They want the charges dismissed. Can we get them dismissed very quickly? I look at them and tell them no. The prosecutors are usually going to prosecute the case anyway.
Then, they tried to figure out how they would have the evidence to prosecute the case if my significant other didn't cooperate. That's what I want to talk about a little bit so people understand how things work in a criminal court related to a domestic violence case. The legal process involves gathering evidence, witness testimonies, and presenting a case before a judge or jury. This process can be complex and understanding it can help you navigate your case more effectively.
First and foremost, you have to understand that it's not your significant other against you, even though it might seem like it sometimes, but it's the People of the State of California against you.
So, if you've got a DV case in Los Angeles, the prosecutors are prosecuting the case against you, and here in LA county – and I've been doing this for 30 years – they are very tough on domestic violence cases. There's a policy to convict people:
- get them on domestic violence probation,
- make them do the Batterers' Intervention Program,
- block them from owning, using, or possessing a weapon for ten years.
Many other problems can occur if you're convicted of a domestic violence case. These can include a criminal record, loss of certain rights, and potential jail time, among others. Understanding these potential consequences can help you make informed decisions about your case.
Prosecutors Don't Care About DV Victim Cooperation
The prosecutors don't care if your significant other won't cooperate. I'll give you one example of what they can do. They will subpoena your significant other. If the person doesn't show up, they can issue a body attachment, have the sheriff go out and grab them, and make them show up at a potential trial or preliminary hearing, whether it's filed as a misdemeanor or a felony.
Once they get that person on the stand, they effectively get their testimony in. If the person gets on the stand and lies, they'll call the police officer who took their statement and ask that police officer, when you got there, what did you see? What did you hear?
That police officer is going to say what they saw and heard. If they saw the person beaten up, injured, and crying, the whole house messed up.
Then they hear the person tell them that their significant other hit them and that testimony is coming in. The prosecutors will argue that the person doesn't want to testify now because that's their significant other, and they feel bad about it. Maybe they're the one who pays all of the bills and takes care of the family, whatever the case may be. So, that's one example.
Reviewing Police Bodycam Evidence
Another example is that sometimes the prosecutors can't get the significant other into court, so there are different ways that they can prove the case. One great example is that people thought bodycams would help the defense, and they sometimes do, but it helps the prosecutors because now they've got the person on videotape telling their story to the police.
They can often use that as evidence against a potential defendant. If they have the person on video, that becomes a massive problem for the defense.
Another way to do it is if there's an independent witness who saw what happened. That's another way. If the person who's arrested admitted that they committed the crime and hit the other person, that would be another way to prove it.
Reviewing the Details of Your Domestic Violence Case
There are different ways to prove the case. You'll need to sit down with an attorney like me, who's been doing this for 30 years, so that we can discuss the specific circumstances in your domestic violence case.
We also need to look at which court in LA county the case is pending in, who the judge is, and who the prosecutors are – then we can get a feel for whether or not you can beat the case. When guilt is not in doubt, it might be the type of case that you will have to negotiate through your attorney, resolve, and move on with your life.
Perhaps we can negotiate with prosecutors for reduced charges or a case dismissal. Further, through prefiling intervention, we might be able to negotiate with law enforcement and the District Attorney to persuade them not to file formal criminal charges in the first place, called a "DA reject."
So, if you're charged with domestic violence in LA County, you've come to the right place. I've been handling these cases since the early 1990s. I've worked for the district attorney's office and a Superior Court judge, and since 1994, I've been defending people just like you.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you. The Hedding Law Firm is based in Los Angeles County, and we offer a free case evaluation by phone or by filling out the contact form.
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