This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Arrest For Domestic Violence In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Steps to Take When Falsely Accused Seek Legal Counsel Immediately. The first and most important step is to secure legal representation. Cease Communication with Your Accuser. Gather Evidence to Support Your Innocence. Maintain Communication Records. Cooperate with Law Enforcement.
While abuse takes many shapes and forms, it can be difficult for victims of nonphysical domestic violence to prove their cases in court. Winning a domestic violence case in California comes down to the victim's burden of proof.
There are 8 ways to get a domestic violence case dismissed in California: Insufficient Evidence. Violation of Rights. Self-Defense or Defense of Others. Victim Recantation. Diversion Programs. Civil Compromise. Pretrial Motions. Prosecutorial Discretion.
It can be difficult to have domestic violence allegations dismissed in California. Many prosecutors have a “no drop” policy for domestic violence offenses. However, it is possible that the prosecutor might dismiss the domestic violence case, or a judge may order the case dismissed.
For most crimes, California law sets the statute of limitations at one to three years; however, recent changes to the law have extended the statute of limitations for domestic violence crimes in California to five years. Domestic violence prosecutors now have 5 years from the date of the incident to file charges.
If this is an emergency or a crime is in progress, please call 911. You can also contact our dispatch via our non-emergency number at 510-667-7721. Thank you.
A felony domestic violence conviction can have lifelong ramifications because it is permanently on your record unless you obtain a dismissal pursuant to Penal Code section 1203.4. While rare, the Governor of California can grant a pardon for a felony conviction, essentially wiping it clean.
For domestic violence in California, the statute of limitations is five years from the date of the incident. This is considerably longer than for most other crimes and was recently (in 2020) extended.
Reasonable suspicion is a step before probable cause. At the point of reasonable suspicion, it appears that a crime might have been committed. The situation escalates to probable cause when it becomes clear that a crime has most likely been committed.
Character witnesses play a big role in criminal defense, especially in cases of domestic violence. Their job is to give the court a different view of the defendant's personality, ethics, and behavior. These witnesses can counter the prosecution's narrative and get you a better outcome.
More info
Call for assistance. Online reports are for documentation only, no investigation will occur.A person arrested for domestic violence may also have to respond to an application for a domestic violence restraining order in a civil or family law court. If you have been falsely accused of domestic violence, contact the Oakland domestic violence attorneys at the Silver Law Firm today for a free consultation. Contact the Law Offices of John A. Guthrie for help with California domestic violence restraining orders. In some cases, they may make a dual arrest. Once there has been a domestic violence arrest, it is up to the prosecutor to go for a domestic violence conviction. We can answer questions about your case, help you figure out which forms you need and how to fill them out, and explain different legal options. Contact the Law Offices of John A. Guthrie for help with California domestic violence restraining orders. Is it possible to appeal this in Alameda County, perhaps on the grounds that I did not know what I was doing in the courtroom?