California Law Codes You Can Use To Defend Against Domestic Violence Charges

In California, the legal framework provides various protections for individuals accused and charged of domestic violence. Understanding these laws is crucial for mounting an effective defense. This guide explores key California law codes related to domestic violence defense, providing explanations and practical examples of how they can be utilized.

California Penal Code Sections 691-693 - Use of Force in Defense

Explanation: California Penal Code Sections 691-693 outline the justifications for the use of force in defense of oneself or others. These sections explain that force can be legally used to prevent an offense against a person or property, provided it is reasonable under the circumstances.

Defense Strategies:

• Justifiable Use of Force: Argue that the use of force was necessary to prevent harm or a criminal offense.
• Reasonableness of Force: Demonstrate that the force used was proportional to the threat faced.

Example: Tom is accused of domestic violence after an altercation with his partner, Linda. Tom argues that he used force to prevent Linda from physically attacking him. He provides evidence of Linda's aggressive behavior and his efforts to de-escalate the situation before resorting to force.

California Evidence Code Section 1107 - Expert Testimony on Intimate Partner Battering and Its Effects

Explanation: California Evidence Code Section 1107 allows for expert testimony regarding intimate partner battering and its effects in a criminal action. This includes the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence. However, this testimony cannot be used against a criminal defendant to prove the occurrence of the acts of abuse forming the basis of the criminal charge.

Defense Strategies:

• Contextualizing Behavior: Use expert testimony to explain the defendant's actions in the context of ongoing abuse.
• Mitigating Circumstances: Present the effects of intimate partner battering as a mitigating factor to reduce the severity of charges or penalties.

Example: Rachel is accused of assaulting her abusive partner, Tom. Her defense attorney presents expert testimony on intimate partner battering to explain that Rachel's actions were a response to prolonged abuse and fear for her safety. The testimony helps the jury understand her psychological state and reduces her culpability.

California Evidence Code Sections 1200-1203 - Hearsay Evidence

Explanation: California Evidence Code Sections 1200-1203 govern the admissibility of hearsay evidence, which is an out-of-court statement offered to prove the truth of the matter asserted. Generally, hearsay is inadmissible unless it falls under a recognized exception.

Defense Strategies:

• Challenging Hearsay Statements: Argue that the statements are inadmissible because they do not fall under any hearsay exceptions.
• Identifying Exceptions: If hearsay evidence is presented, identify and challenge any exceptions claimed by the prosecution.

Example: John is accused of domestic violence, and the prosecution introduces a statement made by his neighbor, claiming John confessed to the incident. John's attorney argues that the statement is hearsay and does not fall under any exceptions, leading to its exclusion from the trial.

California Evidence Code Sections 210, 350, 352 - Admissibility of Evidence

Explanation: California Evidence Code Sections 210, 350, and 352 govern the admissibility of evidence in court. Section 210 defines relevant evidence, Section 350 states that only relevant evidence is admissible, and Section 352 allows the court to exclude evidence if its probative value is substantially outweighed by the risk of undue prejudice, confusion, or time consumption.

Defense Strategies:

• Excluding Irrelevant Evidence: Argue that certain evidence is not relevant to the case and should be excluded.
• Balancing Probative Value and Prejudice: Demonstrate that the prejudicial impact of certain evidence outweighs its probative value, leading to its exclusion.

Example: In a domestic violence case against Mike, the prosecution attempts to introduce evidence of a past misdemeanor unrelated to domestic violence. Mike's attorney argues that this evidence is irrelevant and its prejudicial impact outweighs any probative value, leading to its exclusion from the trial.

California Family Code Section 6300 - Grounds for Issuing a Protective Order

Explanation: California Family Code Section 6300 allows the court to issue protective orders if there is reasonable proof of past acts of abuse. The goal is to protect individuals from further abuse or harassment.

Defense Strategies:

• Challenging Proof of Abuse: Argue that the evidence presented does not reasonably prove past acts of abuse.
• Lack of Ongoing Threat: Demonstrate that there is no ongoing threat that justifies the issuance of a protective order.

Example: Samantha seeks a protective order against her ex-husband, James, alleging past abuse. James argues that the incidents described do not constitute abuse under the law and provides evidence that there is no ongoing threat to Samantha. His attorney presents this argument to the court, challenging the grounds for the protective order.

Contact a Lawyer

Navigating domestic violence charges in California requires a comprehensive understanding of the relevant legal codes and strategic defense planning. An experienced lawyer can utilize the defenses outlined above effectively, individuals accused of domestic violence can effectively challenge the allegations and protect their rights. Always consult with a knowledgeable attorney to tailor these defenses to the specifics of your case.