How to fight false domestic violence felony charges ?

Asked about 1 year ago - 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)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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
  2. Christopher Carle Kingsley Parkhurst

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . 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.

  3. Curtis L. Briggs

    Contributor Level 8

    3

    Lawyers agree

    Answered . 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.

  4. Michael Anthony Hernandez

    Pro

    Contributor Level 14

    Answered . 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.

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