What evidence is needed to prove that a protective order has been violated in california?

Asked about 1 year ago - Los Angeles, CA

A criminal complaint has been filed against me charging me with contempt of court - protective order in CA. So clearly, the city attorney's office must have felt the evidence was sufficient to proceed and I have been notified to appear at an arraignment. If I did vandalize his vehicle, but there were no witnesses, how likely is it that he could prove its me regardless of the fact that he "feels certain that it was me."? Even if I was the person that did it, wouldn't they have to provide more than just circumstantial evidence? Will I be taken into custody at the arraignment even if they cannot conclusively prove it was me?

Attorney answers (6)

  1. Dan Eugene Chambers

    Contributor Level 20

    7

    Lawyers agree

    Answered . I believe this question was posted a bit earlier, and Mr. Solis and Mr. Levin provided good advice. Please refer to their responses.

    But to answer this version, cases based upon circumstantial evidence are often filed. They are difficult to prove, but there is nothing inappropriate about trying to prove a criminal case by way of circumstantial evidence. However, like all criminal cases, the elements of the offense (here, vandalism) must be proven beyond a reasonable doubt. Based upon the limited information contained in your question, it sounds like that might be difficult to do. You should try to retain an attorney to represent you or utilize the public defender. Do not try to represent yourself.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You have posted this question numerous ways. No one on this forum can state what is in the complaint or what evidence exists. Get an attorney.

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  3. Oscar Ernesto Toscano

    Contributor Level 13

    6

    Lawyers agree

    Answered . This is a classic example of why you should not post details on this public forum. You have said too much already. The specific details you want answer to must be discussed in private with your lawyer. Then and only then can meaningful advice be given.
    OSCAR E. TOSCANO
    Los Angeles Criminal Defense Trial Lawyer

    I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have... more
  4. Greg Thomas Hill

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Evidence to prove a charge can be testimony from anyone. The credibility, however, of the witness is the key and what that person says toward determining what weight the testimony is given to support the charge beyond a reasonable doubt.

    Circumstantial evidence, if strong and credible, certainly can support the charge beyond a reasonable doubt.

    At the arraignment, there is no presentation of evidence. There is no trial. However, if the court believes you are a danger to the public due to the vandalism (for purposes of bail, all allegations are deemed true), bail may be set in an amount that could cause you surprise. I would speak to a bail bond agent and be ready to post a bond if this happens.

  5. Dean George Tsourakis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . They need either witnesses, physical evidence or an admission from you.

  6. Neil James Fraser

    Contributor Level 15

    5

    Lawyers agree

    Answered . You should be aware that direct and circumstantial evidence carry the same weight. One is as good as the other legally. It's a question of what competent, relevant and admissible evidence exists and not whether it is categorized as direct or circumstantial.

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