Domestic Violence cases in North County are handled at the Vista Courthouse. They usually involve some physical touching of a spouse or someone you have had a dating relationship with. Most of the time there is a 911 call which triggers a police response. DV or Domestic Violence calls can be very dangerous for everyone involved, including the police. Tempers are hot, emotions are high and there could children, alcohol or weapons involved. Police upon arrival will separate the parties, investigate the incident and almost always arrest one of the parties they believe to be the aggressor regardless if the "victim" wants them arrested or not. Domestic violence arrests can be for felony spousal abuse with an injury or misdemeanor spousal battery without an injury. There can be other charges like vandalism if property is destroyed.
Sometimes emergency protective orders or temporary restaining orders may be put into effect pending a Court hearing. The District Attorney's family protection unit will review the police reports and decide whether there is sufficient evidence to file Domestic Violence charges. The mere fact the "victim" does not want charges filed does not determine whether the D.A. will file. The "victim's" input is welcome, and may help to assess the case, but if the facts support a filing, the D.A. will file. If the "victim" changes their story, the D.A. has the 911 tape and the statements to the officer which can be used in Court if they feel the "victim" is not being truthful. Prefiling is an important opportunity in DV Cases for an attorney to provide additional information to the D.A. which the D.A. may not have which could result in the charges not being filed.
If Charges are filed the Defendant needs to be present in Court for the arraignment for either a misdemeanor or felony case. Also, if there is a supportive "victim" they need to be present to ask the Judge not to issue a criminal protective order that prohibits all contact with the Victim and requires the Defendant to move out. That order is mandatory unless the victim is present and requests a "no negative contact" order instead of a complete stay away. Located directly across from Vista Courts and having handled hundreds of DV cases for more than 30 years, Christoph Law Offices can help you achieve the best resolution of your case. For free consultaion call 760-941-5720