What is Domestic Violence?
The term Domestic Violence refers to a criminal case where the victim and accused are in or were in a certain relationship. Relationships included are: spouses, dating relationships, and familial relationships. In addition to close family members, these charges can also involve distant family members such as cousins.
How is Domestic Violence different from a typical criminal case?
These types of cases are assigned to a court call that only involves these cases. This means that the judge and the prosecutors deal with these types of cases everyday. Furthermore, unlike a regular criminal case where the judge orders the defendant to stay away from the victim, here the judge has to come up with a solution because the parties usually live together.
Will my Case be over if the person complaining against me (wife, girlfriend, boyfriend, family member) does not show up to court?
The answer depends on the judge and the county where the charge is filed. In some counties, the case will proceed. If the complaining witness (the person who says you did this or that) comes in and says he or she was lying, the State will call the police officer to testify as to what this individual said at the time of arrest. Then, the judge will determine if the person was lying to the police or lying to the court. Furthermore, to get a case to the point of trial, it usually takes several court appearances and several months.
However, in some jurisdictions it is possible that a case is over if the complaining witness is not present.
How can an Attorney make a difference in a Domestic Violence Case?
An attorney can make a difference in two ways. First, if the complaining witness does not want to testify, the attorney can help get the case dismissed quickly. Second, if the complaining witness does want to testify, the attorney can either obtain a quick resolution or present the case to a judge so you can tell your side of the story.
If you want to review your case with Attorney Young in confidence and free of charge, telephone him at (708) 410-0090.