Can I use Recorded Telephone Calls in my Restraining Order Case?
In restraining order cases, people often ask to use secretly recorded telephone conversations as evidence. Recording telephone calls without permission presents several significant legal issues, both civil and criminal. The main issue is having the other person’s consent to record the conversation. California...Read More
How to Prove Self Defense in a Domestic Violence Case
California Courts have long recognized the theory of self defense, even in domestic violence cases. The law allows people to apply any necessary force to protect yourself from wrongful injury. If your spouse, significant other, or family member attacked you, and you defended yourself – you need to speak with an attorney...Read More
What are the elements of Penal Code 243(e)(1)?
Misdemeanor Domestic Violence charges are one of the most common crimes heard at the San Jose Hall of Justice. California Penal Code 243(e)(1) describes the elements of Domestic Violence, and how the crime is punished.
There are two basic elements:
1. Did the Defendant commit a battery on the alleged victim?
2. At the time of said...Read More
Alternative Programs to Jail Time
Nobody wants to go to jail, and your attorney should know how to keep you out of jail. Depending on the crime you are charged with, your attorney may be able to argue for jail alternative programs that eliminate or limit jail time.
These are among the most common alternative sentencing programs:Sheriff’s work alternative program (SWAP). This is...Read More
California Penal Code §243(e)
The most common criminal charge associated with Domestic Violence is California Penal Code §243(e) or “domestic battery” – a misdemeanor. Misdemeanors, by definition, have a one year jail term limit. However, there are ways a sharp defense attorney can keep your exposure to a minimum.
The prosecutor must show that the defendant committed...Read More
What is considered domestic violence?
California’s Domestic Violence laws define an “act of domestic violence” with a very broad area of conduct and class of victims. It is not necessary to be married or engaged to an alleged domestic violence victim in order for the law to apply. The California Penal Code defines domestic violence as “abuse committed against an...Read More
What to do when you have to go to court for the first time
Court dates at the Hall of Justice tend to sneak up on people. If you have a court date tomorrow, and you don’t have an attorney, then this article was written for you.Get to court early. The doors at the Hall of Justice open at 8:30am. If you are late to your first court date, you run the risk of the Judge issuing an...Read More