Matthew J Domestic Violence Law Blog

Increasingly, many folks are finding themselves in the situation of facing a false accusation of domestic violence, usually in a relationship where divorce is pending or when some ulterior motive exists.  Fortunately there are attorneys out there that fight these false charges and see that justice prevails.  Here is one example of a case where the lawyer represented an accused in Torrance Court for an alleged domestic violence incident that took place in Redondo Beach Califor... Read More

In the state of California, An Emergency Protective Order (EPO) is an order requested by a police officer; a sheriff’s officer; a peace officer of the Department of the California Highway Patrol; a peace officer of the University of California Police Department; a peace officer of the California State University and College Police Departments; a peace officer of the Department of Parks and Recreation; a peace officer of the Department of General Services of the City of Los Angeles; a housi... Read More

Many people in the public forum misdefine what "domestic violence" is in California.  Here is the legal definition of what it means:  Penal Code section 13700 subdivisions (a) and (b) together define domestic violence as requiring either bodily injury, attempted bodily injury, or placing the alleged victim in “reasonable apprehension of imminent serious bodily injury to himself or herself, or another.” Some Court decisions have opined that stalking is not an act o... Read More

Perhaps it is the economy, some say it is a variety of different factors, whatever the reason LA is on track for a record year in terms of criminal filings in DV cases reports one Los Angeles Domestic Violence Attorney that is known for great successes in Court on these matters.  The DA did not want to comment but sources within the office say that the prosecutor will charge anyone if the evidence warrants it.  The years from 2008 thru 2010 saw a definite rise in new cases, with this l... Read More

Domestic Violence cases increased overall in Los Angeles County in 2010.  The rise in case filings can only be indicative of the increased societal pressures that is brought on by higher unemployment and a generally poorer economy says a Torrance Domestic Violence Defense Attorney .  With tougher times comes a general increase in domestic violence, that is the way it is says most criminologists.... Read More

For many who have been injected into the criminal justice system, the thought of testifying in Court and appyling for restraining orders can be a frightful and daunting experience.  Domestic Violence Victims particularly are in need of help in seperating themselves from their abusers.  What many do not know is that the Torrance Court offers assistance for those with minimal experience in the legal field.  According to one Torrance Attorney the workshop gives people guidance in the... Read More

California has always been on the progressive side regarding domestic violence prosecutions.  The Supreme Court has handed down cases recently that slows down the ability of prosecutors to obtain  convictions.  According to one Burbank Domestic Violence Lawyer many District Attorneys are becoming frustrated by how these legal rulings disallow hearsay in the case... Read More

Oftentimes when police are called out to a domestic violence situation the encounter involves entry into a person's home.  It is this entry that will sometimes lead to issues relating to unlawful search and siezure or 4th amendment violations.  According to some Long Beach Domestic Violence Attorneys the police will in many cases find a reason to gain entry into the dwelling to check for suspects or effect an arrest.... Read More

 Recently, the Ninth Circuit Court of Appeals found that the crime of PC 273.5 was a crime of violence for purposes of deportation, The Court held:Here, § 273.5’s text does not apply to conduct outside the term “crime of violence” as defined in the Guidelines. To the contrary, it fits squarely within the term by requiring the deliberate use of force that injures another. Laurico is unable to identify a single § 273.5 case resulting from a no... Read More

These restraining orders are obtained by filing a petition with the local Superior Court alleging that someone related to the person or within the "domestic unit" has injured,  used threats of violence, is stalking or has inflicted injury upon the requesting party.  These TRO's are generally the easiest to obtain if indeed there is evidence of one of the qualifying criteria.  If an arrest took place prior to the request for the order of protection then it is almost... Read More