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

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

Posted

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.

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Dan Eugene Chambers

Dan Eugene Chambers

Posted

I apologize--I misread your question. I see it is a protective order violation. Regardless, there is going to have to be some proof that you committed the violation. Based on the facts you provide, that could be difficult.

Posted

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

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Asker

Posted

What kind of physical evidence? Could you cite some examples?

Posted

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.

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Posted

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

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Posted

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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Posted

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 handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.

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