If I Accused My Girlfriend Of Hitting Me and She Was Arrested Can I Now Drop The Charges? (PC 273.5)

By: Wallin & Klarich

It is extremely common these days for a couple to get into an argument and one of them (or a neighbor who may hear the altercation) will call 911. Once this happens the police are immediately notified and will come to your location where the altercation is taking place. Once the police interview the parties …

Posted In: Domestic Violence

I was arrested for domestic violence on my wife and the DA dropped the charges. Now she is going to court to try to get a restraining order against me? Can she do that?

By: Wallin & Klarich

The answer is that your wife can do this and it happens every day. When the police arrest someone for domestic violence they “hope” the District Attorney will file criminal charges. However, sometimes the DA will not file the criminal charges because they do not feel they will able to obtain a conviction. The police …

Posted In: Domestic Violence

FLOYD MAYWEATHER, JR., FACING EIGHT CRIMINAL CHARGES AFTER INCIDENT WITH EX-GIRLFRIEND – PENAL CODE SECTION 211, SECTION 240, SECTION 242, AND SECTION 487

By: Wallin & Klarich

On September 15, 2010, boxer Floyd Mayweather, Jr., was charged with four felonies and four misdemeanors stemming from an alleged incident with his ex-girlfriend and their three children at her apartment. The Nevada felony complaint alleged that, on September 9, 2010, Mayweather threatened two of his children by stating that if they called 911 or …

Posted In: Domestic Violence

Domestic Violence Probation – Mandatory Conditions – California Penal Code Section 1203.097

By: Wallin & Klarich

If a person is granted probation for a domestic violence crime, California Penal Code Section 1203.097 lists the conditions of probation that must be given. The list below shows some of the conditions that may have a significant impact on a person’s life: 1. A minimum period of probation of 36 months 2. A criminal …

Posted In: Domestic Violence

Consequences of Wrongful Arrests in Domestic Violence Situations

By: Wallin & Klarich

In the context of a domestic dispute, arresting the wrong individual has significant legal consequences, but also other consequences that are not as apparent. A concern that is largely overlooked are the effects that a wrongful arrest can have on victims, especially children. Children are very insightful and more intuitive than people realize. Children embroiled …

Posted In: Domestic Violence

California Domestic Violence Laws State Victims Cannot Be Jailed For Refusing To Testify Against Their Abusers In Court

By: Wallin & Klarich

Domestic violence stories in California often have a common theme. The alleged abuser in someway assaults the alleged victim and the police are called. The alleged victim is upset and is pressured by police to tell them everything that happened. The alleged victim discloses the alleged abuse and the alleged abuser is arrested. After the …

Posted In: Domestic Violence

Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 3 of 3 – California Penal Code 13701

By: Wallin & Klarich

Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the “primary aggressor” when responding to a domestic dispute. In making such a critical determination, …

Posted In: Criminal Defense

Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 2 of 3 – California Penal Code 13701

By: Wallin & Klarich

In identifying the “primary aggressor” of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense. If …

Posted In: Criminal Defense