Legal Question in Criminal Law in California

In a domestic violence case , is there anything that can be done by the spouse that can lessen charges?


Asked on 9/05/10, 6:06 pm

1 Answer from Attorneys

Steven Hertz Hertz Steven H.

Your question isn't clear enough to answer. Which spouse are your referring to; the one charged, or the one making the charge? And are you referring to a criminal charge or a family law restraining order? If you are referring to putting forth a defense, there are standard defenses which will be considered in criminal cases. The person accused, for example could claim self defense. You don't typically have to prove anything as a defendant under a criminal charge, the burden of proof is on the prosecution. Once they have made a case at trial you should move for dismissal on their failure to make a case. If the court declines to grant this oral motion, then you can put on your defense, which would include bringing your own witnesses. This could also include Cross Examining the accuser.

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Answered on 9/10/10, 6:14 pm


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