Legal Question in Criminal Law in California

My question is two fold. First I am going to trial on a domestic violence charge in california. The person (a neighbor in this instance) called the police when they heard shouting in my apartment. I was arrested on domestic violence based upon this call. It turns out that the District Attorney has failed to find this person that initially reported the incident. Since, I am going to trial and have a right to face my accuser does this negate the charge of domestic violence b/c they will not have this person as a witness?

Second, there seems to be a good chance that I may be able to beat this charge and subsequent violations of a restraining order. If I do, will I have recourse to sue the accuser and be compensated for my loss of work, money and time?

thank you


Asked on 7/22/09, 1:19 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The statement "I am going to trial" suggests that you already have an attorney representing you. Your attorney will be able to advise you as to your chances of prevailing in your case. The neighbor who called the police is not a necessary witness. I assume the primary witness against you will be the same individual who is the "protected person" named in the restraining order against you.

I realize that there are many bogus domestic violence arrests due to "domestic violence arrest standards" that permit, or even require, police officers to arrest the male in the relationship without regard to whether the officer believes a crime was committed. Unfortunately, even if you are found not guilty of domestic violence in the court system, some people may still consider you guilty of the crime (an obvious example would be O.J. Simpson, who many people believe murdered his wife despite his criminal court acquittal). In order to have a chance of successfully suing anyone you will need to obtain not just a "not guilty" verdict but also a finding of "factual innocence" from the court, and these can be difficult to obtain.

Additionally, calling the police is a "privileged communication" in California, and you can not sue someone for calling the police, even if the caller is a malicious liar.

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Answered on 7/22/09, 2:02 am


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