Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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There are five things you can do if falsely accused of domestic violence charges. These include:
The domestic violence laws of most states make it a criminal offense to harm (or threaten to harm) a:
Depending on the facts of the domestic violence case, domestic abuse charges can be filed as a misdemeanor or felony and lead to jail time or a state prison term.
Yes. You should write down all of the facts concerning false allegations of domestic violence.
Sometimes an alleged “victim” may just make up false claims out of the blue. If this is the case, then there is really nothing to document.
But there is usually some incident or acts that lead to a person making false allegations of domestic abuse. If this is true in your case, make sure to take notes on what took place. Try to include as many details as you can.
A written account will help provide evidence of exactly what took place.
Further, domestic violence cases can take a long time to resolve. You can always go back and look at your notes so that you provide a consistent story of what took place. You want to avoid providing law enforcement or a district attorney with contradicting accounts of what happened.
Yes. You should gather any evidence that supports your innocence when facing false domestic violence allegations.
For example, you can try to get:
Note also that many people make false accusations of domestic violence to try and gain leverage in a child custody dispute/custody battle. If you believe this is the case, you should collect evidence that shows you are a good parent.
For example, keep a diary that shows:
Yes. You should change login credentials for things like your email, cell phone, and social media accounts.
You never know the extent an accuser will go to try and get the upper hand in an alleged domestic violence crime. For example, if someone is making up a claim of domestic assault, he/she may try and access your cell phone and send messages to him/herself that says something like:
Change your login information so that an accuser cannot add strength to any false claims.
Some jurisdictions say that a court can issue a restraining order or no contact order against the person accused of domestic violence.2
The purpose of the order is to protect the alleged “victim.”
If you are facing a restraining order, you must do everything you can to comply with the order, including having no contact with the accuser.
The criminal laws of most states say that it is a crime if a person violates an order of protection.3
You do not want false allegations to lead to real and legitimate criminal charges.
Yes. If you or a family member has been falsely accused of domestic violence, it is critical to consult with a criminal lawyer/domestic violence defense attorney.
A domestic violence lawyer can assist by:
Note that in criminal cases, most experienced attorneys and law firms/law offices provide free consultations. A free consult means you can get legal advice at no cost.
Further, your communications with your attorney are protected by the attorney-client relationship. According to this bond, your lawyer cannot disclose your statements before getting your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.