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Stages of a Domestic Violence Case in San Diego
There are four stages to a domestic violence case in San Diego. The first stage is the arrest and bail; the second stage is the pre-file; the third stage is the arraignment and pre-trial hearings and the fourth is the actual trial phase.
The First Stage in every Domestic Violence Case in San Diego starts with the Arrest and Bail:
The moment when law enforcement is called to an incident of domestic violence someone will be arrested. It is mandated by the police department for public safety purposes that someone has to go to jail. The goal of the officer is to determine who is the dominant aggressor during the investigation. Often times the officers will refer to this as the welfare check.
The Second Stage in every Domestic Violence Case in San Diego is referred to as the Pre-File:
After bond has been posted this is when you will need to start putting together a mitigation packet for the prosecutor and a judge. While the prosecutor is building a case against you it is your opportunity to try and get the case reduced or dismissed through mitigation. The sooner your attorney gets an opportunity to start putting the mitigation together and discussing your case with the issuing attorney at the district attorney office, the better off you are in getting the case dismissed.
The Third Stage in every Domestic Violence Case in San Diego is referred to as the Pretrial Hearings:
After the arraignment stage and during the time prior to trial you will be working on negotiations and getting the discovery in your case. Often times during the negotiations your attorney will be able to advocate in front of a judge beyond closed doors on your behalf. This is where discussions will be had about the evidence in your case and whether or not it is even admissible at the trial stage. At the initial hearing you will want to address the protective order in your case and argue for a no negative contact order so that the judge can see that you and the complaining witness are doing better. It is often difficult to get the prosecutor to put you in jail when the victim is now an agreeable defense witness.
The Fourth Stage in every Domestic Violence Case in San Diego is referred to as the Trial Stage:
The trial stage only occurs 1% out of 99% of cases in all of San Diego criminal cases. This is often the most difficult and stressful part of the criminal case if you find yourself in this position. The reason being that the trial stage has the most exposure in terms of sentence and evidence in your case. It is often difficult to anticipate what a witness may say on the stand. However, if you have a favorable complaining witness by the time trial comes around, and then it may be in your best effort to push trial. There may not be a conviction if the victim or complaining witness does not testify against you or recants their statements. Often times the prosecution will try and rebut the complaining witness through experts who will testify as to what is known as battered women syndrome. It is your criminal defense attorney’s job to make sure none of this evidence is entered in at the trial stage.
Domestic violence cases are the hardest cases for the prosecution to prove because it often times requires the victim to be cooperative with the prosecution throughout the entire case. Often times victims have a change of heart or upset how drawn out the criminal process is at times.
Restraining orders can be in affect even after the case is over. It is important to hire an experienced restraining order attorney in San Diego who understands the importance of getting these restraining orders dropped at an early stage in your case. Restraining orders will have a dire affect on your job and life if you are a gun owner or going through a divorce.
If you have questions about the criminal process in dealing with a domestic violence case please feel free to contact San Diego Domestic Violence Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Attorney