How the Criminal Justice System Works

Understanding the domestic violence court process can be overwhelming, especially when you’re directly involved. Here’s a step-by-step guide to help you navigate through it.

Police Report

The process starts when the police respond to a domestic violence call. They will take detailed notes about what happened, including statements from everyone involved, photographs of injuries or property damage, and any other evidence. This report forms the foundation of the case.

Assistant Prosecutor

An Assistant Prosecutor reviews the police report to decide if there is enough evidence to charge the defendant. They look at various pieces of evidence like the batterer’s criminal history, photographs of injuries, 911 tapes, medical records, and witness statements. If charges are filed, the case moves to the next stage.

Arraignment

The arraignment is the first court appearance for the defendant. Here, the judge reads the charges, and the defendant enters a plea of guilty or not guilty. If the defendant pleads not guilty, the judge will set a bond amount and release conditions, which often include a no-contact order with the victim to ensure their safety. This means the defendant cannot contact the victim in any way until the case is resolved.

Plea

At the arraignment, the defendant’s plea is crucial. A guilty plea might lead to immediate sentencing, while a not-guilty plea moves the case forward to further hearings and possibly a trial. Often, the plea can be negotiated later during pre-trial hearings.

Bond

The judge sets a bond amount during the arraignment. This bond serves as a guarantee that the defendant will return for future court dates. Conditions like no-contact orders are often attached to the bond to protect the victim.

Preliminary Examination

If the case involves felony charges, a preliminary examination is scheduled. During this hearing, the prosecutor must show enough evidence to convince the judge that the defendant likely committed the crime. If the judge agrees, the case moves to trial.

Trial

If the case goes to trial, it can be either a jury trial or a bench trial (where the judge decides the verdict). Both sides present evidence, call witnesses, and make arguments. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. The trial ends with a verdict of guilty or not guilty.

Navigating the domestic violence court process can be complex, but knowing these key stages can help you understand what to expect. Each step plays a crucial role in determining the case’s outcome.

Key Stages in the Domestic Violence Court Process

The Arraignment

The arraignment is the first official step in the criminal proceedings. Here, the charges against you are read, and you must enter a plea: guilty, not guilty, or no contest. In domestic violence cases, you must appear in person.

A no-contact order is often issued at this stage, prohibiting any contact with the alleged victim. This can mean you may not return home if you live with the victim. Getting an attorney involved early may help you avoid or modify this order.

Bail and release conditions are also determined during the arraignment. You might be allowed to post bail and be released, but with conditions such as curfews or travel restrictions. If you can’t afford bail, a bail bond agent can help you secure the amount for a fee.

The Pre-Trial Hearing

The pre-trial hearing usually takes place 2-8 weeks after the arraignment. This is a critical phase where negotiations and discussions about legal issues occur. Your attorney may negotiate with the prosecutor to settle the case or address specific legal points.

It’s also possible to request a modification of the no-contact order during this hearing. This varies by court, so having an experienced attorney is crucial.

If your case isn’t resolved, another pre-trial date or a motion hearing may be set. Appearance is mandatory.

Motion Hearing

Not all cases proceed to a motion hearing, but when they do, it serves several purposes:

• Admissibility of statements made to the police
• Miranda rights violations
• Probable cause for your arrest
• Evidence suppression, especially if it was illegally obtained

Your attorney will decide if you should testify, which is a critical decision. What you say can be used against you later.

Trial

If the case goes to trial, it can be either a jury trial or a bench trial. Most domestic violence cases prefer a jury trial, but this decision is made with your attorney.

The trial process includes:

1. Jury Selection: Attorneys from both sides question potential jurors to ensure fairness.
2. Opening Statements: Both sides present an overview of their cases.
3. Witness Testimony: Witnesses, including the police and sometimes the victim, testify. This is where the prosecution must prove guilt beyond a reasonable doubt.
4. Closing Arguments: Each side summarizes their case.
5. Verdict: The jury or judge delivers a verdict of guilty or not guilty.

Understanding these stages can make the domestic violence court process less daunting. Up next, we’ll discuss how evidence is collected in domestic violence cases.

Evidence Collection in Domestic Violence Cases

Collecting evidence is crucial in a domestic violence case. The right evidence can make a big difference in the outcome. Let’s look at the key types of evidence you should focus on:

Photographs

Photographs are powerful. They can show injuries, property damage, or other signs of violence. Take clear, timestamped photos as soon as possible after the incident. These images can help tell your side of the story.

Medical Records

Medical records document injuries and treatments related to the incident. They can support claims of self-defense or show that the alleged victim’s injuries were not caused by you. Always request copies of any relevant medical reports.

Witness Statements

Witnesses can provide invaluable support. Family members, neighbors, or even passersby who saw or heard the incident can offer statements that back up your version of events. Your attorney can help gather these statements and present them in court.

Electronic Communication

Electronic communication, like text messages, emails, and social media posts, can be essential. These can show threats, admissions, or other relevant information. Make sure to save and back up any electronic communications that could be useful for your defense.

911 Tapes

911 tapes can be very telling. They capture the immediate aftermath of an incident and can provide evidence of what happened. Request a copy of the 911 call if it was made. It can show the state of mind of the people involved and provide a timeline of events.

Collecting these types of evidence can significantly influence the outcome of your case. Proper documentation and timely collection are key. Your attorney will guide you through this process to ensure you have the strongest defense possible.

Next, we’ll discuss common defenses in domestic violence cases.

Common Defenses in Domestic Violence Cases

When facing domestic violence charges, having a strong defense is crucial. Here are some common defenses that can be effective in court:

Self-Defense

One of the most common defenses in domestic violence cases is self-defense. If you were attacked and had to protect yourself, you might not be guilty under the law.

Example: Imagine a situation where a spouse becomes physically aggressive, and you use reasonable force to protect yourself from harm. To assert self-defense, your attorney must demonstrate that you acted in response to an immediate threat and used only the force necessary to prevent injury.

False Allegations

False allegations are unfortunately common in domestic violence cases. Sometimes, accusations are made out of spite, jealousy, or to gain an advantage in divorce or child custody proceedings.

Case Study: A client was accused of domestic violence by their ex-partner during a contentious custody battle. Through thorough investigation and witness interviews, it was revealed that the accusations were fabricated to sway the custody decision. The charges were ultimately dropped.

Defense of Others

If you intervened to protect someone else from harm, this defense might apply. Similar to self-defense, you must show that your actions were necessary to prevent serious injury or death to another person.

Scenario: Suppose you witnessed your partner threatening your child and you stepped in to protect them. If the force you used was reasonable and necessary to prevent harm, you might be justified under the defense of othersargument.

Prior Acts Suppression

Another effective strategy is to suppress evidence of prior acts. This means preventing the prosecution from using your past behavior to influence the current case.

Example: If the prosecution tries to bring up a past incident to show a pattern of behavior, your attorney can file a motion to exclude this evidence. This can prevent the jury from being unfairly biased against you.

Legal Representation

Having experienced legal representation is vital. An attorney who specializes in domestic violence cases can navigate the complexities of the legal system and build a robust defense tailored to your situation.

Client Testimonial: “When I hired Lance to represent me, I knew I hired the best. He is not only an outstanding lawyer but an outstanding person as well.” – J.D.

Fact: Studies show that individuals represented by experienced attorneys often receive better outcomes in domestic violence cases, including reduced charges and lesser penalties.

Next, we’ll discuss special procedures in domestic violence cases.

Special Procedures in Domestic Violence Cases

Special Court Calendars

Domestic violence cases are often handled differently than other criminal cases. Many courts use special court calendars specifically for domestic violence (DV) cases. This helps ensure that these sensitive cases get the attention they need. It also helps streamline the process, making it quicker and more efficient.

Periodic Review Hearings

Another unique feature is periodic review hearings. These hearings allow the court to monitor the offender’s compliance with court orders, such as attending a batterer intervention program or adhering to a criminal protective order (CPO). Regular check-ins help hold offenders accountable and provide ongoing protection for the victim.

Mandatory Personal Appearance

In DV cases, the defendant must appear in person for both the arraignment and sentencing, even for misdemeanors. This is different from other types of criminal cases where appearing in person may not be required. Personal appearance allows the court to directly address issues like bail, release conditions, and protective orders.

Criminal Protective Orders (CPO)

A criminal protective order (CPO) is almost always issued in DV cases. This order protects the victim or witnesses from further harm or intimidation. The CPO can include:

• Personal conduct restraints
• Stay-away orders
• Firearm prohibitions

During the term of the CPO, the defendant cannot own, possess, or purchase any firearms. The order remains in effect until the defendant is no longer under the court’s jurisdiction. In rare cases, the victim can request that a CPO not be issued, but the judge may still impose a no-harassment order.

Real-World Example

Consider the case of “J.D.,” who faced multiple DV charges. Thanks to the special procedures in place, the court was able to quickly issue a CPO and schedule periodic review hearings. This not only provided immediate protection for the victim but also ensured that J.D. complied with all court orders, including attending mandatory counseling sessions.

By understanding these special procedures, you can better navigate the complexities of the domestic violence court process. Next, we’ll look at the types of evidence that are crucial in DV cases.

Frequently Asked Questions about the Domestic Violence Court Process

What evidence should be collected in a domestic violence case?

Collecting the right evidence is crucial for building a strong defense. Here are some key types of evidence you should focus on:

Photographs of Injuries
Photographs can be powerful evidence. If you have visible injuries, take clear pictures as soon as possible. Capture different angles and include a time stamp if you can. These images can show the extent and nature of any harm, which can be pivotal in court.

Medical Records
Medical records are another critical piece of evidence. Visit a healthcare provider immediately after any incident to document your injuries. These records provide an objective account of your condition, including descriptions of injuries, treatments received, and medical opinions on the cause of the injuries. This can corroborate your account of events.

Witness Statements
Witness statements can add significant weight to your defense. Witnesses can include neighbors, friends, or even passersby who may have seen or heard the incident. Their accounts can provide an unbiased perspective that supports your version of events. Collect contact information and written statements from any witnesses as soon as possible.

Electronic Communication
Electronic communication such as text messages, emails, and social media posts can also serve as valuable evidence. These can show patterns of behavior, threats, or even admissions of guilt. Save all relevant communications and consider printing them out to present in court.

Which defense is frequently used in domestic violence cases?

Two common defenses in domestic violence cases are self-defense and prior acts suppression.

Self-Defense
Self-defense is one of the most common defenses. If you were attacked and had to protect yourself, this can be a strong argument. Your attorney will need to show that you acted in response to a threat and that your actions were necessary to prevent harm. For example, if you were protecting yourself from immediate harm, this could be a valid defense.

Prior Acts Suppression
Another frequently used defense is suppressing prior acts. This means arguing that past incidents should not be considered in the current case. This can be crucial if the prosecution tries to bring up unrelated past behaviors to make you look guilty. Your attorney can file a motion to keep this evidence out of court.

How long do most domestic violence cases last?

The duration of domestic violence cases can vary based on specific circumstances. Here’s a general timeline:

Arraignment
The arraignment is the first court appearance where you enter a plea. This usually happens within a few days of your arrest.

Pre-Trial Hearing
The pre-trial hearing is typically held 2-8 weeks after the arraignment. This is where negotiations and legal issues are discussed.

Motion Hearing
Not every case has a motion hearing, but if it does, it can add several weeks to the timeline. These hearings focus on whether certain evidence can be used in court.

Trial
If your case goes to trial, it can take several months to over a year to conclude. Trials involve jury selection, opening statements, witness testimony, and closing arguments before a verdict is reached.

Specific Circumstances
The length of a case can also depend on factors like the complexity of the case, the court’s schedule, and whether either side requests extensions.

By understanding these key aspects of the domestic violence court process, you can better prepare for what lies ahead. For personalized defense strategies, contact Inland Empire Criminal Defense at (909) 939-7126 for a free consultation.

Conclusion

At Inland Empire Criminal Defense, we understand how overwhelming and stressful facing domestic violence charges can be. Our team is dedicated to providing you with personalized defense strategies tailored to your unique situation.

We leverage our extensive experience and deep legal knowledge to ensure your rights are protected throughout the entire domestic violence court process. Whether it’s proving false allegations, asserting self-defense, or exploring other legal avenues, we are committed to securing the best possible outcome for you.

We offer free consultations to discuss your case and explore the best defense options available. Contact us today at (909) 939-7126 or visit our website to schedule your consultation. We’re here to help you navigate this challenging time with expert legal support.