Prosecution Tactics in Domestic Violence Cases

If you are facing allegations of domestic violence, it is important that you understand some common prosecution tactics in domestic violence cases in California.

Domestic violence cases often get special attention from prosecutors. This is not a good thing. Being singled out by prosecutors means they are going to pursue a conviction more aggressively. The only thing that can make them back off is a tough domestic violence lawyer.

In this blog, we describe some of the popular strategies we have seen prosecutors use in domestic violence cases.

Unnecessary No Contact Orders

One of the most frustrating things about domestic violence cases in California is the overuse of protective orders (also called restraining orders or no contact orders). Prosecutors don’t even look at the facts alleged before they ask for a protective orders anymore. If they see a DV case, they are going to ask for a no-contact order no matter how mild or questionable the allegations.

These orders allow the state to tear couples and families apart before they even convict you of anything! Domestic Violence attorneys believe this questionable practice violates your due process rights guaranteed by the Constitution.

Some lawyers believe that prosecutors don’t always request no-contact orders to protect victims. Rather, they may request these orders to prevent a couple from reconciling and moving forward. They want to keep their star witness angry for trial.

Overcharging Defendants

Another prosecution tactic in DV cases is to overcharge or “charge pile.” This strategy is used to force a defendant to take a plea deal. Prosecutors love to charge pile to force plea deals because they are too busy to take every case to trial.

Here’s how it works. Say the prosecutor believes you should be charged with disorderly conduct for a scene that disturbed some neighbors. Instead of stopping there, the prosecutor will also charge criminal destruction of property if you threw a beer can. Or, they may charge you with assault if you bump someone with your shoulder walking by. These additional charges aren’t what the state really cares about. Moreover, the facts don’t really support these charges.

However, adding extra charges increases your jail exposure. This encourages you to take a plea deal to the disorderly conduct charge just to get the other two charges dropped to reduce the penalties on the table.

Witness Intimidation Charges

Another thing the state often does in DV cases is set up the defendant for witness intimidation charges. This scheme goes hand in hand with the charge piling discussed earlier.

The prosecution can come after you with new charges for “witness intimidation” for the simplest of conversations with the victim or witnesses. This is why it is best to never mention your case to any witnesses or alleged victims in your case.

For example, if you call your girlfriend from jail and say “Come on you don’t want me to get in trouble,” this could be the basis for new charges of witness intimidation. The state records all calls from jail, and they keep a close eye on domestic violence defendant calls to set up these charges.

If you are charged with domestic violence, you need to invoke your right to remain silent and contact an experienced domestic violence lawyer. They will advise you on how to proceed and fight back against the prosecution tactics discussed in this blog.

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