Skip to main content

How to fight false domestic violence felony charges ?

San Jose, CA |

victim (wife) calls cop when defendant was not there. Cop arrests the defendant later in the evening when he is back from work . victim says to cop that defendant abused her many times in the past and most recent more than a week ago. shows minor marks also. Main goal of victim here to get upper hand in child custody but now whole California state is in her side . There are no third party evidences . so its only what she is saying and some minor bruises . There was no visible marks on face . she might have shown something on legs or other parts but they are likely that she made them (self inflicted ) as defendant was not there

How to prove innocence here ? Can anyone mess up with anyone's carrier and life by just calling to Cops and making up story. Defendant is on work visa

Attorney Answers 4

Posted

This frightening scenario happens all the time.

The person facing such charges must pull out all the stops.

California domestic violence law and how it is often enforced can lead to egregious injustice, as the police quickly determine a "primary aggressor" and a "victim", and the state machinery takes over, sometimes with little done in the way of actual investigation.

In some case, the "victim" is actually just an accuser who does what you suggest here -- make up abuse stories for revenge, child custody, or psychosis. The police will prepare a report based on what was reported by the accuser, and then the DA files on information that may be fabricated. I have seen all of these happen. Therefore, I suggest that the defendant:

1) Hire a qualified criminal defense attorney immediately.

2) Be prepared to pay a substantial sum for quality representation and investigation.

Delays can be costly because evidence can disappear (witnesses move, phones are lost, e-mail accounts are purged, etc.)

With the help of an attorney, you can collect e-mails, texts, discuss alibii, potential helpful witnesses, and social media discovery, and present your side of the story.

3) Be prepared: the fight can be long and hard, and not everyone is up for it. You may have to take the case to a jury.

Liars can be exposed by good investigation and cross-examination, if it comes to that. If the defendant can't afford an attorney, ask for the public defender to be appointed. And no matter what, do not try to explain your side of the story to law enforcement.

Good luck.

Mark as helpful

1 found this helpful

3 lawyers agree

4 comments

Asker

Posted

Thanks Chris . How investigation can help here ? There is no third party evidence . She is saying everything happened inside the closed doors . No emails or phone calls that either she or I can show ..... so its pretty much "he said -she said " with some bruises . I do not know how she got it as I was not even there when she called the cops.

Asker

Posted

Looks like DA believed her side of story and filed charges . ..... I have very clean record . no police records ..... but still no one believes I am innocent.

Christopher Carle Kingsley Parkhurst

Christopher Carle Kingsley Parkhurst

Posted

Lawyer up. I just had a similar case in another county, and my client and I "took it to the box", and he was found not guilty of 5 of 7 charges after a jury trial, and the DA dismissed the other two charges. Hire someone in your area who has experience defending against these charges, and steel yourself for a fight ahead. Do not post further case details here. Most criminal defense attorneys will offer a free and confidential consultation. Good luck.

Asker

Posted

What usually happens in "he said - she said with minor bruises " typical cases ? There are no third party person evidences .

Posted

You need to hire an aggressive attorney who will fight these allegations. Domestic violence charges are serious and California DAs do not easily dismiss these allegations. A competent attorney will investigate these allegations and battle to clear your name. There are a plenty of defenses that can be raised and you are absolutely presumed innocent. Consult an attorney for a thorough analysis of your case. Best of luck.

For a Free Consultation Call: 408.313.5607

Mark as helpful

4 lawyers agree

2 comments

Asker

Posted

Thanks Vijay ....We do not have third party evidences .... As per her complaint everything happened inside the closed doors . My child is also 1 year old .... So no witness I can bring to challenge her. Only thing I can say is the I have very clean records .....I was always law obeying person .... never charged with anything in my whole life . Now she is controlling everything and she filed a case in family court to get full child custody.. everything is working as per her plan.

Vijay Dinakar

Vijay Dinakar

Posted

You don't need a witness to sucessfully fight these charges, you need an aggressive attorney who has beaten allegations like this before.

Posted

You need to hire a lawyer who is going to be proactive (hopefully before the crime is even charged). This is a very serious situation and you cannot afford to lose any more time in consulting an attorney.

Mark as helpful

3 lawyers agree

2 comments

Asker

Posted

Charges are already filed by DA . What usually happens in "he said - she said with minor bruises " typical cases ? There are no third party person evidences .

Curtis L. Briggs

Curtis L. Briggs

Posted

No case is that simple. I am sure you have a story to be told and that is what having a good advocate is about. Get a good aggressive attorney and you greatly increase your chances of a positive outcome.

Posted

You need to consult with a trusted defense attorney immediately. AVVO is a great resource, and you should feel free to contact me if you would like a referral to an attorney in your area.

Mark as helpful

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics