Frequently Asked Questions

How Can Domestic Violence Charges Be Dropped or Dismissed?

When domestic violence charges are filed against you, there are many factors that may cause the case to be dismissed in court. In this article, you will learn how domestic violence charges get dismissed and the factors that may affect the prosecutor’s decision to reject the request to file charges.

First, let’s look at the dynamics of domestic violence and why it is treated so seriously under the law. In California and nationally, domestic violence is regarded as a serious problem which affects individuals of all races, religions, sexual orientations, gender identities and socio-economic backgrounds. The Centers for Disease Control and Prevention (CDC) defines domestic violence or intimate partner violence as a significant public health problem. Domestic violence affects people of all ages, including seniors and juveniles.

Domestic violence refers to abusive behavior used by one person to control or dominate another person in a relationship. It can occur between people who are family members, who are married, live together, share a child, or who are or were previously in a dating relationship. The abuse comes in many forms: it can be physical, emotional, psychological, sexual, or financial. Strangulation or “choking,” as it is commonly referred to, is viewed as one of the most lethal forms of domestic violence and can be a risk factor for homicide.

Victims of domestic violence in California have access to various legal protections, including restraining orders, and criminal protective orders, which can help prevent further abuse and provide safety. When law enforcement reports to the scene of the domestic violence and makes an arrest, the judge usually issues an emergency protective order (EPO). For the arrested individual, the EPO not only prohibits contact with the victim, but it may also prohibit contact with the children, if the children were present during the incident or were impacted by the domestic violence. The EPO imposes a significant burden on the family and causes further distress and disruption. When a criminal case is filed, it is also common for victims of domestic violence to obtain civil domestic violence restraining orders, especially if there is a concurrent or pending family dissolution or custody case pending in family court. Once the case is filed, victims also receive support services like victim advocacy services from the prosecuting agency, counseling, relocation assistance, shelter placement, and restitution.

There is a common misconception among victims of domestic violence relating to case dismissals. Victims frequently call the local district attorney’s office and ask that charges be dropped or dismissed, thinking that the prosecutor will dismiss the case upon request. However, many people do not realize that the district attorney’s office is unlikely to dismiss the case based on the victim’s request. The prosecutor ultimately decides on whether or not to move forward with criminal charges, after considering the victim’s request. It is important to understand that the prosecutor does not represent the victim individually and does not have to comply with the victim’s desire to dismiss a case. If the prosecutor believes that a crime of domestic violence occurred, and the case is provable beyond a reasonable doubt the prosecutor is likely to proceed with the prosecution of the case.

It is important to know that a domestic violence case may be dismissed in the interests of justice or based on insufficient evidence. Some of those reasons include the following:

Demonstrating rehabilitation: If you are charged with domestic violence and if you can demonstrate the desire to change, this may make a difference in your domestic violence case. Your attorney will use this favorable evidence during negotiations with the prosecutor to reduce your charges or get your charges dismissed. Rehabilitation comes in many forms. For example, immediate enrollment in a domestic violence or a batterer’s treatment program shows a serious intent to rehabilitate and get help. Anger management classes are a great way to demonstrate willingness to improve and not repeat the mistakes that led to the incident. Once you hire an attorney to defend you in a domestic violence case, and depending on the facts of your case, your attorney may provide you with a list of classes to enroll, at the conclusion of which you will obtain a certificate of completion. Your attorney can then present this certificate to the prosecutor as evidence of your attempt to rehabilitate, overcome your mistakes and get help.

Your attorney may be able to show the prosecutor the reasons that led up to the domestic violence incident. For example, if there was sudden or unexpected death in the family that caused extreme stress which then led to a domestic dispute, this may be an extenuating circumstance. The reasons for the domestic violence may not be exculpatory, but they could be mitigating. It is possible in certain cases for the prosecutor to request proof of rehabilitation or completion of domestic violence classes as a condition to dismissing your case entirely.

Keep in mind, however, that these classes or rehabilitation attempts are not admissions of guilt. Just because you decide to take classes to get treatment and have a better understanding of your emotions, to control your anger and learn ways to refrain from physical violence does not mean that you are guilty of the crime that you are charged with. A common misconception among some clients charged with domestic violence is the mistaken belief that their enrollment in classes equates to an admission of guilt. The benefit of early rehabilitation is undeniable—it demonstrates willingness to grow or get help and has no impact on whether you are innocent or guilty.

Proof Problems: The types of proof necessary for a prosecutor to convict an individual of domestic violence vary depending on the case. To prove the charge(s), prosecutors use the victim’s direct testimony, out of court statements that are qualified as non-testimonial and exceptions to the hearsay rule, photos, body worn camera footage, 911 calls, jail calls, medical records, law enforcement officers’ observations, third party witnesses, and other forms of proof depending on the case. If the charge against you involves a violation of California Penal Code Section 273.5(a), which is the most common domestic violence charge, the prosecutor will be required to prove the existence of a “traumatic condition.” “Traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.

The prosecutor is also required to prove the charges against you beyond a reasonable doubt. The prosecutor is not required to use a specific type of evidence to prove the charge(s) against you. Proof beyond a reasonable doubt is proof that leaves the judge or the jury with an abiding conviction that the charge is true. It is not required that the evidence eliminate all possible doubt because everything in life is open to some possible or imaginary doubt.

It is important to let your attorney know that there may be a lack of evidence to prove the charge against you beyond a reasonable doubt. In many cases, this means injuries. If your partner has not suffered or does not have documented injuries, this is very important to bring up to your attorney so that your attorney is aware of the lack of evidence in the case. No injuries or minimal injuries may persuade the prosecutor to not file charges, to reduce the charges or to dismiss the charge(s) against you entirely.

Motive to Lie: Frequently, a prosecutor may decide to dismiss a case when there is evidence of a motive to lie by the alleged victim. For example, if there is a concurrent pending family law or a divorce case where the victim is trying to obtain full custody of the children, the victim may attempt to leverage the domestic violence charge against you to obtain an advantage in the divorce case or presumptively disqualify you from custody of the children. It is critical that you provide this type of information to your attorney.
Lack of credibility of the victim: The prosecutor will have difficulty proving the charge(s) against you if the victim lacks credibility. Victim’s credibility is important especially in cases where there are no witnesses to the domestic violence and prosecution’s case rests entirely on the victim’s testimony. There are situations when the victim’s credibility can be undermined by prior inconsistent statements, inconsistent extrinsic evidence, or acts of moral turpitude. If the victim has lied before about domestic violence charges, for example, this may cause the prosecutor to reject the filing. If the victim has credibility issues, the victim’s statements and the victim’s account of the domestic violence incident becomes questionable. Depending on the facts of your case, if the victim has credibility issues, the prosecutor may be more likely to dismiss the charge or reduce the charge against you.
- If you have reason to suspect that the person who is making domestic violence accusations against you is not being truthful in their account of the facts, make sure to inform your attorney. Doing so can help your attorney build a defense that focuses on the lack of credibility of the victim, which can lead to a reduction or dismissal of your charges.
- You should let your attorney know of any other prior incidents involving major dishonesty or a tendency to make up lies. If there is such evidence, then this showing could lead to a reduction or dismissal of the charges against you. It may be difficult to do so, but being completely honest and thinking through the past you have shared with this individual may aid in the process of your defense.
- An example is if the alleged victim was under the influence of drugs and alcohol and because of this is not being truthful or correct in their recollection of their events. The victim may have difficulty remembering what truly happened, or may have difficulty with perception due to being under the influence. This fact may aid in your defense.
- Creating a safe space is a big focus here at Knight Law. We understand that it may be traumatic or difficult to think about events or confront the reality of the situation surrounding the charges you are facing. Because of this, we aim to make our clients feel comfortable sharing vulnerable aspects of their life with our legal team in confidence.
Absence of other witnesses: In many cases of domestic violence, the presence of a reliable witness is helpful in order to prove that the alleged abuse has in fact taken place. Experienced prosecutors always look for corroborating or third-party witnesses, such as neighbors, or bystanders who witnessed some aspect of the domestic violence incident. Sometimes there are no independent witnesses who can corroborate the victim’s version of the facts. In cases where the victim has severe credibility issues and there are no third-party witnesses to the incident, the prosecutor may be less inclined to move forward with the filing of the charges or move forward with the prosecution of the case.

If you know of individual witnesses who were present at the scene that can back your own side of the story, such as a family member who can corroborate that you were actually the victim rather than the opposing party, make sure to bring this up to your attorney. That potential witness may make a huge difference in your case, as it may give the prosecutor reason to doubt your culpability. Your lawyer may conduct additional investigation to contact and obtain a witness statement from that individual to help build your defense.

It is also important to know that there are many legal and collateral consequences that may result from a domestic violence conviction:

Legal Consequences: Domestic violence charges can lead to severe legal repercussions, including fines, restraining orders, probation, or even imprisonment. A conviction can result in a criminal record that may affect future employment opportunities and other aspects of life.
Impact on Employment: A domestic violence conviction can have a profound impact on one’s career. Many employers conduct background checks, and a criminal record can limit job prospects or even result in the loss of employment. A domestic violence conviction can negatively impact jobs that require professional licenses.
The Lautenberg Amendment: The Lautenberg Amendment imposes a ban on the use, possession and transfer of firearms on military personnel. A conviction for domestic violence will result in the servicemember’s loss of the ability to carry, posses, and use firearms. The inability to use firearms will likely lead to involuntary separation from the military. Domestic violence convictions may also show up during background clearances and investigations.
Firearm Relinquishment and Gun Violence Restraining Orders: If you are charged with or convicted of domestic violence, a gun violence restraining order may be issued against you to prevent you for accessing firearms from one to five years. If convicted of a domestic violence, you will likely be prohibited from owning or possessing firearms and may be required to relinquish your weapons.
Family and Custody Issues: Charges of domestic violence can significantly impact custody battles and family relationships. Courts may view domestic violence accusations as a serious concern when determining custody arrangements, which could affect one’s ability to maintain or build relationships with children and other family members. In California, a conviction for domestic violence may render the convicted parent presumptively ineligible for custody under California Family Code Section 3044.
Financial Impact: The legal process can be costly. Defending against domestic violence charges often involves legal fees, court costs, and possible restitution payments. The financial burden of these expenses can be substantial and long-lasting. Individuals accused and charged with domestic violence are often forced to miss work to attend court, which can lead to loss of income.
Social Stigma: Domestic violence charges carry a heavy social stigma. The perception of being involved in such cases can affect personal relationships and social standing, leading to isolation or judgment from friends, family, and the community.
Emotional and Psychological Impact: The stress of facing domestic violence charges can take a significant emotional and psychological toll. The uncertainty and fear of potential outcomes and separation from family can lead to anxiety, depression, and other mental health challenges.
Criminal Protective Orders and Restraining Orders and Their Implications: If a criminal protective order is issued for no contact, you may not be able to have any contact with the victim or your children, if the children are also listed as protected parties. If a civil domestic violence restraining order is issued, it can affect your ability to live in certain areas, interact with family members, or access shared property. Violating a restraining order can lead to additional charges.
Rehabilitation and Counseling: In some cases, individuals convicted of domestic violence may be required to attend counseling or rehabilitation programs. These requirements can be time-consuming, financially costly and may impact one’s personal and professional life.

At Knight Law, we specialize in criminal law and focus on domestic violence cases. Our Founder and CEO, Nana Knight, is a criminal law specialist certified by the California State Bar and previously worked as a prosecutor, serving on the domestic violence prosecution team where she prosecuted hundreds of domestic violence cases. Nana Knight knows how domestic violence prosecutors build their cases behind the scenes and the investigation techniques they use to gather evidence to obtain convictions. At Knight Law, we also emphasize the importance of making sure our clients are informed and educated about their cases, defenses, rights and the different outcomes that are possible in their cases. We work as a team with our clients to identify the best strategy and tactics to get the best outcome possible in any situation.

It is important to understand and appreciate the seriousness of domestic violence. If you want to avoid domestic violence allegations, recognize the problems and the red flags early on in your relationship and take action to address conflicts constructively, seeking help when needed, and ensuring that one’s behavior does not lead to accusations or incidents that could result in complex legal issues. Engaging in proactive communication, de-escalation strategies, conflict resolution, and seeking professional support can be key strategies in preventing such situations.

Don’t wait. Protect your rights and defend your freedom today. Call (408) 877-6177 for a free consultation with our expert team about your domestic violence case.

What Is A Preliminary Hearing And What Happens At This Hearing?

What is a preliminary hearing?

A person charged with a felony has a right to a preliminary examination (also known as a preliminary hearing). This hearing occurs before trial and its purpose is for a judge to decide if there is enough evidence for the case to proceed to trial. The judge will hear evidence the prosecutor presents, including witness testimony, and decide whether 1) a felony was committed and 2) whether there is probable cause to believe you committed that felony. A preliminary examination occurs after charges are filed against you. It is not to decide if you are guilty.

During a preliminary examination, the prosecution must present evidence that proves the elements of the offenses charged. If the prosecution does not produce evidence to meet the elements of the charge(s) filed against you, the judge must dismiss the charge(s). It is also possible for a judge to reduce a felony to a misdemeanor at the request of your attorney after the judge hears all the evidence in your case.

Timing of the Preliminary Hearing

After you have been arraigned and entered a plea of not guilty, the next step is to decide how quickly to set the preliminary hearing. Penal Code section 859b states that if the crime alleged is a felony and the defendant has pleaded not guilty, the judge immediately upon the appearance of counsel “shall set a time for the examination of the case and shall allow not less than two days, excluding Sundays and holidays, for the district attorney and the defendant to prepare for the examination.” Penal Code Section 895b also states that the judge shall issue subpoenas for witnesses within the state, required either by the prosecution or the defense.

Both the defendant and the people have the right to a preliminary examination at the earliest possible time, and unless both waive that right or good cause for a continuance is found as provided for in section 1050 of the Penal Code, the preliminary examination shall be held within 10 court days of the date the defendant is arraigned or pleads, whichever occurs later (or within 10 court days of the date the criminal proceedings are reinstated, if the defendant was previously found incompetent to stand trial).

Special rules apply when the defendant is in custody. Whenever the defendant is in custody, the judge is required to dismiss the complaint if the preliminary examination is set or continued beyond 10 court days from the time of the arraignment and the defendant has remained in custody for 10 or more court days solely on the complaint, unless either of the following occurs:

1. The defendant personally waives their right to preliminary examination within the 10 court days.
2. The prosecution establishes good cause to continue the hearing beyond the 10-court-day period.

“Good cause” includes situations where the prosecutor is in another trial or preliminary examination. If the defendant is in custody and the preliminary examination is continued beyond the 10 court days, the law requires the defendant to be released under 859b(b), unless:

1. The defendant requests the setting of the continuance of the preliminary hearing beyond the 10-court-day period
2. The defendant is charged with a capital offense (like murder)
3. A witness necessary for the preliminary hearing is not available due to the actions of the defendant (like witness intimidation)
4. Counsel is ill
5. The unexpected engagement of counsel in a jury trial
6. Unforeseen conflicts of interest which require appointment of new counsel.

The judge is required to dismiss the complaint if the preliminary examination is set or continued more than 60 days from the date of the arraignment or plea. Penal Code section 861(a) requires that the preliminary hearing be completed in one session, or the complaint will be dismissed (absent certain limited circumstances). This does not require the court to conclude the hearing in one day.

Right to Counsel and Discovery

A defendant has a right to counsel and discovery at a preliminary examination. Penal Code section 859 states that when a defendant is charged with a felony, the defendant, without unnecessary delay, shall be taken before a judge and be provided with a copy of the complaint. The judge is also required to inform the defendant that they have a right to have the assistance of counsel and allow the defendant reasonable time to obtain counsel.

To prepare for the preliminary hearing, defendant’s counsel should obtain discovery from the prosecution. As soon as possible and certainly before the hearing, counsel should request and obtain all the relevant police reports and digital evidence from the prosecution. If counsel asks for discovery and it is not provided within 15 days, a judge can issue an order compelling its production. Both the prosecution and the defense may decide to delay the setting of a preliminary hearing to work out discovery issues, in which case the judge will usually defer to the parties.

If the judge has issued a discovery order prior to the hearing and the prosecution has failed to provide statements taken from a witness against the defendant, defendant’s ability to cross-examine the witness is arguably impaired. Therefore, counsel for defendant may move to dismiss the charges. The prosecution must disclose exculpatory evidence in its possession to defense prior to the preliminary examination.

Right to Cross-Examine

At the preliminary examination, the defendant has the right to cross examine all witnesses against him or her. The defendant does not have a state or a federal right to confront witnesses at the preliminary examination. This means that the prosecutor does not have to produce the witnesses to testify and may instead admit the statements of the witnesses through a testifying police officer.

Penal Code Section 866 places restrictions on cross-examination and prohibits using the preliminary examination as tool for discovery or the taking of depositions of witnesses. However, if judges place excessive limitations on cross-examination by defense, two things can happen: first, the defense can then move to dismiss the charges under Penal Code Section 995 after the preliminary hearing and argue that the prosecution did not prove the charge(s) at the preliminary examination. Second, defense counsel may be able to prevent the prosecution from using the preliminary examination transcript in lieu of witness’s testimony at trial, if that witness fails to show up to testify at trial. This is because under Evidence Code Section 1291 prior testimony (including testimony at the preliminary examination) is admissible only if the other party “had the right and opportunity to cross examine the declarant” at the earlier hearing.

Right to Present Evidence

When the prosecution finishes presenting their evidence at the preliminary examination, the defendant may call witnesses to assist in the defense. Before this happens, the judge, at the request of the prosecutor, may ask the defense for an “offer of proof.” An offer of proof from the defense means telling the judge about the expected testimony of the defense witness. The judge will not permit the testimony of any defense witness unless the offer of proof satisfies the judge that the testimony would be reasonably likely to establish an affirmative defense, negate an element of the crime charged, or impeach the testimony of a prosecution witness or the statement of a declarant testified to by a prosecution witness.
In addition to calling witnesses, the defendant may also testify at the preliminary examination. A defendant, who has an attorney, waives the Fifth Amendment privilege by voluntarily taking the witness stand and testifying.

The Holding Order

After both sides complete the presentation of their evidence, the prosecutor moves for a “holding order.” This is a request to the judge to decide and state for the record that sufficient evidence has been produced by the prosecution to prove probable cause to believe 1) a felony was committed and 2) that the defendant committed the felony. If the judge makes this finding, it is said that the defendant is “bound over” for trial. If the judge finds that the evidence is not sufficient to show that the defendant committed the felony or that the defendant was the person who committed the felony, then the charges are dismissed. The judge also has the authority to order that the charged felony be reduced to a misdemeanor. The judge also has power to dismiss the entire case in the interest of justice.

The prosecution and the defense can decide to waive the preliminary examination and set the case for trial. The defendant also has the option of entering a no contest or a guilty plea to the charges as part of a plea bargain or pursuant to a court’s indicated sentence.

If the judge decides there is probable cause to believe a public offense has been committed based on the evidence produced by the prosecution at the hearing, the judge will certify the matter for trial, and order that the defendant be held to answer to the charges at trial.

One common question that arises in the context of preliminary examination is what is the standard for a judge to issue a holding order? The standard is “sufficient cause.” It means that the judge believes the defendant committed each element of the offense. The term “sufficient cause” is synonymous with “probable cause,” which is the same standard that the law enforcement officer needs to arrest someone. “Sufficient cause” means “such a state of facts that would lead a person of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused.” (Williams v. Superior Court (1969) 71 Cal. 2d 1144, 1147).

The standard for a holding order is relatively low. A holding order is issued if there is some “rational ground for assuming the possibility that an offense has been committed and that the accused is guilty of it.” (People v. Williams (1988) 44 Cal 3d 883). Case law allows some room for doubt (People v. Mower (2002) 28 Cal. 4th 457, 473). The proof required for a holding order is less than the preponderance of the evidence standard required in civil cases and certainly much lower than the reasonable doubt standard required at a criminal trial.

Prosecution Can Refile the Case

Pursuant to Penal Code Section 1387, with certain exceptions, the prosecutor is allowed to refile, one time only, a felony action that was previously terminated. If the offense is a violent felony, and the prosecution has had two prior dismissals, the prosecutor is permitted one additional opportunity to refile charges where the prior dismissals were due to “excusable neglect.” “Excusable neglect” means an error on the part of the court, prosecution, law enforcement or witnesses.

Penal Code Section 871.5 also allows the prosecution to move to compel the court to reinstate the complaint within 15 days of the dismissal. The prosecution also has the right to move the court to reinstate the custodial status of the defendant under the same terms and conditions as when the defendant last appeared before the court. The prosecutor must give notice to the defendant and the court for such a motion and must also show that the judge’s prior dismissal of the complaint was erroneous. The reviewing court will hear and determine the motion based on the record of the proceedings (transcript). If the motion is litigated to decision by the prosecutor, the prosecution is prohibited from refiling the dismissed action, or portion thereof.

Interestingly, if the court dismisses a charge because the court expressly found that the witness had credibility problems, the prosecutor cannot refile that charge. However, if the court believes the prosecution’s witness or evidence but does not believe that the evidence is legally sufficient, the prosecutor can ignore the court’s refusal to hold the defendant to answer and may refile the charge in the information.

Power to Add Charges After the Preliminary Hearing

Within 15 days of the holding order, the prosecutor must file an information against the defendant. Penal Code Section 739 permits the prosecutor to include in the information offenses that were not part of the holding order if the offenses were proved at the preliminary examination. However, there is a case that states that any new charges must be transactionally related to those for which the defendant has been held to answer (People v. Burnett (1999) 71 Cal. App. 4th 151, 165-166).

Motion to Dismiss Under Penal Code Section 995

After the preliminary examination when the prosecutor files the information against the defendant, defense counsel may make a motion to set aside the information pursuant to Penal Code Section 995. This is a request to the judge to dismiss the charges because the record of the preliminary hearing does not have sufficient evidence to support the charges. Penal Code Section 995(2)(B) requires the information to be set aside if the evidence at the hearing was insufficient for a holding order.

The reviewing judge will review the entire transcript and the motion by the defense, including the prosecution’s response motion, and decide if the evidence is sufficient to support the charges. The reviewing court is required to draw every legitimate inference in favor of the charges and cannot substitute its judgment as to the credibility or weight of the evidence. An information is not set aside merely because there is a minor error or some irregularity. The defense, when arguing a procedural defense, must show that the defendant was denied a substantial right.

When you are facing criminal charges and you have a preliminary hearing coming up, it is important to prepare diligently for this hearing. The preliminary examination is an opportunity to attack the elements of the charges against you and argue that the evidence is not sufficient to prove those elements. It is important to work with an experienced criminal defense attorney to assist you in this process. At Knight Law, we have conducted hundreds of preliminary hearings and are ready to assist you with your defense to get you the best outcome possible. Call (408) 877-6177 for a free consultation now.

Can I Still Be Charged With Domestic Violence If There Are No Injuries?

Yes, you can still be charged with a misdemeanor violation of Penal Code §243(e)(1) (domestic battery) even if you did not injure your spouse, former spouse, fiancé, mother or father of your child or someone you were in a dating relationship with. Depending on your specific situation, and the nature of the injury, you may be charged with a felony or a misdemeanor domestic violence.

In order to convict you for domestic violence under Penal Code § ^273.5(a) the prosecution needs to prove that you caused a “traumatic condition” to the alleged victim. A traumatic condition is a wound or other injury, including injury from a strangulation or suffocation (could be minor or serious in nature) that is caused by physical force.

The injury requirement for the charge of §273.5 may be of any variety and it can either be minor or serious in nature. For example, hitting someone with an object that causes bruises is enough to prove a “traumatic condition.” However, being emotionally upset, such as crying, is not enough to prove actual injury. Although this is rare, the prosecution may also charge you attempted injury on a person protected under Penal Code §273.5, which does not require a traumatic condition. In addition to domestic violence, the prosecution may also charge you with both simple assault and misdemeanor battery as a lesser included offense in a prosecution under Penal Code 273.5.

When police come to your house due to a report of domestic violence, there is a very strong chance they will make an arrest. If you are arrested for domestic violence, it is possible for you to incriminate yourself by making statements which may be later used against you. Incriminating statements to police may make your legal defense difficult. It may potentially be possible to suppress those statements later in a court of law and prevent the prosecution from using your statements against you, but this depends entirely on the circumstances of the case. It is important to hire an attorney who has special training in handling domestic violence cases.

About the Author

Nana Knight is a San Jose-based criminal law specialist and has significant expertise in handling domestic violence cases. She has trained hundreds of attorneys on domestic violence case tactics and is a published author in this area. As a former prosecutor assigned to the domestic violence prosecution team, she is extremely skilled in the tactics, theories and strategies that prosecutors will use to convict you for domestic violence. Call 408-877-6177 now for a free strategy session on your case.

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¹Penal Code §273.5(d
²People v. Chaffer (2003) 111 Cal. App. 4thd 1037, 1044
³People v. Beasley (2003) 105 Cal. App. 4thd 1078, 1085-1086
⁴People v. Abrego (1993) 21 Cal. App. 4th 133, 136-138
⁵People v. Kinsey (1995) 40 Cal. App. 4th 1621, 1627
⁶People v. Abrego (1993) 21 Cal. App. 4th 133, 137; People v. Gutierrez (1985) 171 Cal. App. 3d 944, 952

How Does My Past Domestic Violence Affect My Case?

If you have prior acts of domestic violence from the past, your domestic violence case can get more complicated. The prosecutor may try to use that evidence against you in your current domestic violence case. The prosecution is required to disclose this evidence to you prior to using this evidence against you. This evidence may consist of old police reports or arrest reports, witness statements, and other evidence, such as videos or photos during discovery.

There is a specific section under the California Evidence Code that allows prosecutors to use prior reports of domestic violence. Evidence Code Section 1109 states the commission of other acts of domestic violence may be admissible to show propensity to act in a certain way. If your case goes to trial, the prosecutor will file a motion to present the old evidence against you and will argue that because you committed domestic violence in the past, it is likely you are guilty of committing domestic violence in the currently charged case. The jury may be tempted to believe that if you did it last time, you must have done it this time, including situations where the alleged prior acts of domestic violence involve the same complaining witness. The jury will use your past to consider your guilt and the law allows them to do this.

There is a way to prevent the prosecutor from using prior acts of domestic violence against you. First, get an attorney who specializes in domestic violence who knows the prosecution strategies and can level the playing field. Your attorney could argue that the evidence is more prejudicial than probative or that the facts from the prior case are different from the facts of the current case. Your attorney could also argue that the past acts of domestic violence are too remote (they occurred a long time ago) and should not be used against you. An attorney who specializes in domestic violence will be able to figure out the best attack strategy based on the facts of your case. If the judge allows the 1109 evidence to be admitted against you, they will still be required to prove your current charges beyond a reasonable doubt. An experienced trial attorney, one who specializes in domestic violence, will be able to leverage the weaknesses in the prosecution case and mount the best defense possible to save you from these charges.

If you have a domestic violence case, call Knight Law at 408-877-6177 for a free confidential case evaluation.

What Can Happen If I Provide False Information To Police or Conceal A Suspect?

Providing false information to police comes in several different forms. Depending on the situation and the type of false information, you may be investigated or arrested. Providing false identification, for example, could lead to an arrest under Penal Code Section 148.9. Providing false information could also lead to an arrest under Vehicle Code Section 31. Penal Code Section 32 makes it a crime to harbor, conceal or aid another person who has committed a felony.

If the prosecution proves beyond a reasonable doubt that you had knowledge and intended to help the suspect avoid or escape an arrest, trial, conviction or punishment, you may be charged with being an accessory to such felony.

A person who chooses not to provide information leading to the arrest of a friend or a loved one, should simply decline to answer an officer’s questions rather than lie. One of the most important rules in criminal defense is that if you think you may be a suspect in a crime, you should not talk to the police. Suspects frequently get in trouble by thinking they can talk their way out of a bad situation. However, when talking to the police, suspects often inadvertently reveal information which the police use to help build a case. Remember you have the right to remain silent. Instead of talking to the police, you should politely invoke your right to remain silent until you have a chance to consult an attorney. This is your right. Know your rights, protect yourself.

If you have a situation involving allegations of false information to police, call Knight Law at 408-877-6177 for a free confidential case evaluation.

What Are My Rights To An Attorney?

A person charged with a crime is entitled to an attorney at “all critical stages of a proceeding,” where the person’s substantial rights may be affected. Critical stages of a criminal proceedings include the evidentiary parts of trial and the following other proceedings:

If you are in custody and are being interrogated before charges have been filed.
Police-conducted live lineups that are compulsory
Preliminary hearings
Jury Instructions during trial
When the jury requests exhibits during jury deliberations
Sentencing, including post-conviction re-sentencing when the court is being requested to re-calculate the sentence on all counts.
Probation revocation
Post-conviction motions under penal code section 1172.6
Appeals in felony cases

If you appear without counsel at your arraignment, the court must advise you that you have the right to be represented by retained counsel, or to have counsel appointed in cases involving indigent defendants. The right to counsel applies to both misdemeanor and felony cases. There are situations when the right to counsel does not apply. For example, when the police officer requests an arrest warrant.

The right to counsel under the 6th Amendment of the United States Constitution is case-specific. If you are charged with a crime, that means the police cannot question you about that crime, unless you knowingly, intelligently, and voluntarily waive your right to counsel. However, the police can still question you on an unrelated crime even after your 6th Amendment right to counsel applies.

Know your right to counsel and call Knight Law at 408-877-6177 to discuss your specific case.

Can Police Detain and Question Me?

Do Not Talk to the Police

For many ordinary citizens, one of the most unnerving feelings is the thought of being criminally investigated. If you suspect that the police are investigating you and you may be accused of a crime at some point, contact an attorney as soon as possible. It is possible that during the investigation and prior to your arrest, the police may try to make consensual contact with you to obtain your statement. If the police contact you for a voluntary interview or a voluntary meeting at the police station or some other place, do not provide any statements or go to the police station without speaking to an attorney. The best course of action is to consult with an attorney and follow the attorney’s advice before you provide any statements to law enforcement. It is very true that anything you say to law enforcement, no matter how friendly they are, can and will be used against you.

Many people feel nervous when they are being confronted by a police officer and as a result, they may not be able to provide accurate information. The best option is to avoid feeling pressured into providing a statement that you may later regret. If the police contact you and invite you to speak to them (it is usually to “provide your side of the story or “clear up some confusion”) try to delay the interview and politely let the officer know that you are exercising your right to be silent and that you may consider speaking to them another time. This delay may allow you a chance to find a good lawyer and potentially have that lawyer present with you at your interview.

You should also know that in many cases, the law enforcement officers are not going to let you go without an arrest. If you are arrested without a warrant, law enforcement officers are trying to build a case against you and will use any and all statements against you. You are at a disadvantage if you talk to law enforcement because the statements you make to them will ultimately be used against you. You should remain silent until you speak with a lawyer. You can simply and respectfully let the officer know that you would like to exercise your right to remain silent and that you are requesting an attorney.
Sometimes law enforcement officers tell you that they want to hear your side of the story and will talk to the DA and request that no charges be filed against you or request that the DA go “easy” on you. If you have a potential co-defendant involved in the investigation, law enforcement may tell you that the co-defendant confessed to everything or that the co-defendant pinned the blame on you. If this happens, you should not provide any statements until you speak with a lawyer. Also, if you make any admissions or confess or apologize, you will have basically made the case for law enforcement and the prosecution. You should never speak to law enforcement without an attorney present.

You Can Be Arrested Without A Warrant

During the investigation, you may be arrested without a warrant if the officers have reasonable suspicion or probable cause to believe you committed a crime or if you were involved in a crime. If you are arrested, you have a right to remain silent. You also have a right to have an attorney present anytime law enforcement wants to speak with you. You have a right to have an attorney represent you in your criminal matter.
Depending on what crime you are arrested for and barring certain extreme cases, you will get an opportunity to post bail, be released on own recognizance with or without supervision or obtain a $0 bail. There are different ways to post bail, such as cash bail, or through a bail bondsman (most common).

Nana Knight is a former prosecutor who has worked with numerous law enforcement officers and detectives on all kinds of criminal investigations. She knows the tactics and strategies law enforcement officers employ to investigate and arrest individuals. If you are uncertain about whether you should talk to a police officer, contact attorney Nana Knight right away at 408-877-6177. Attorney Nana Knight can communicate with the police on your behalf and go over your options so you can make the best decisions you can about your situation.

What Should I Do If I Am Being Investigated or Questioned by Police?

Do Not Talk to the Police

Sometimes law enforcement officers tell you that they want to hear your side of the story and will talk to the DA and request that no charges be filed against you or request that the DA go “easy” on you. If you have a potential co-defendant involved in the investigation, law enforcement may tell you that the co-defendant confessed to everything or that the co-defendant pinned the blame on you. If this happens, you should not provide any statements until you speak with a lawyer. Also, if you make any admissions or confess or apologize, you will have basically made the case for law enforcement and the prosecution. You should never speak to law enforcement without an attorney present.

You Can Be Arrested Without A Warrant

During the investigation, you may be arrested without a warrant if the officers have reasonable suspicion or probable cause to believe you committed a crime or if you were involved in a crime. If you are arrested, you have a right to remain silent. You also have a right to have an attorney present anytime law enforcement wants to speak with you. You have a right to have an attorney represent you in your criminal matter.

Depending on what crime you are arrested for and barring certain extreme cases, you will get an opportunity to post bail, be released on own recognizance with or without supervision or obtain a $0 bail. There are different ways to post bail, such as cash bail, or through a bail bondsman (most common).

If you are uncertain about whether you should talk to a police officer, contact attorney Nana Knight right away at 408-877-6177. Attorney Nana Knight can communicate with the police on your behalf and go over your options so you can make the best decisions you can about your situation.

What is a Police Search?

A search happens whenever the police view, inspect, touch your body or your property or the area immediately around you or your property, trying to find evidence of a crime. A search occurs when a government officer infringes upon an expectation of privacy that is reasonable. This infringement must by the government or its agents (i.e. police officers). Private citizens, like private security guards, cannot violate your Fourth Amendment rights.

Both the United States and the California Constitutions prohibit “unreasonable” searches and seizures of people, houses, and personal property.” And this is where the law gets very particular about what is a reasonable search and what is unreasonable. If the search is unreasonable, it violates your Fourth Amendment rights. The court will look at all the facts and circumstances of the police encounter. If the court determines that the search of you or your property was not reasonable, then the evidence will be suppressed. This means that the police will be prohibited from using the evidence against you to get you convicted.

Overtime, the courts have looked at specific cases and have given guidance on what constitutes a search. For example, when police take a person suspected of driving under the influence of drugs or alcohol to the hospital for a blood draw, this is considered a search. When police attach a GPS to your car, this is considered a search. In other examples, when the police use a police dog to walk around and sniff the outside of your car during a routine traffic stop, this is not considered an unreasonable search, unless there are other factors, such as long delays. Touching, moving, or manipulating an object to examine it is considered a search. Generally, if an officer sees a weapon, contraband or evidence of a crime in plain view during a detention, an officer may seize it, and this is not considered an unreasonable search or seizure. On this note, if the police seize the contraband in plain view, they have probable cause to arrest you, which then means they can conduct a full custodial search of you incident to arrest.

During your interactions with law enforcement, the police may ask for permission to conduct a search. Remember, if the encounter is consensual (i.e. contact between you and a police officer that is strictly voluntary during which you are free to leave), the police have no authority to conduct a search unless you give the police your voluntary consent or unless you are subject to a search or seizure based on probation terms.

Non-consensual contacts, such as arrests, require probable cause. Probable cause to search exists when based on the totality of the circumstances “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” (Illinois v. Gates (1983) 462 U.S. 213, 238). For example, when police officers have probable cause to believe that your car contains contraband or evidence of a crime, they may search the vehicle for such contraband or evidence.

What does this all mean? Whether the police have the right to search you, your personal property or your premises is going to depend on the facts and circumstances. You are within your rights to ask the officers, “are you searching me?” This is a sign to the police that you are aware of your rights and that you are monitoring their actions.

If you have been arrested or are being investigated, it is important to contact an experienced attorney certified in criminal law by the California State Bar Board of Legal Specialization to help evaluate your situation and get you the best outcome possible in your case. Call Knight Law now at 408-877-6177 for a free confidential case evaluation.

What is the Fifth Amendment and When Can I Plead “The Fifth?”

When people think of the Fifth Amendment, they usually think of either “Miranda rights” or “pleading the Fifth.” The Fifth Amendment to the United States Constitution guarantees that “no person…shall be compelled in any criminal case to be a witness against himself.” Both the federal and state constitutions prevent prosecutors from introducing into evidence a suspect’s involuntary statement to government agents. A confession or a statement that you provided to the police and that hurts you must be the product of your free will and it must be self-motivated.

This means that the Fifth Amendment prevents the police or other government agents from forcing you to give them statements that can make you look guilty. This is referred to as the right against self-incrimination and the police cannot force you to answer questions during police interrogation against your will. If you decide to voluntarily speak to the police and provide a statement, then your statement is voluntary and not compelled. If the police did anything to coerce the statements out of you, then your statement was obtained in violation of the Fifth Amendment right not to incriminate yourself.

Determining whether the police were coercive in obtaining statements from you will depend on the specific circumstances. Police coercion may occur if the police physically beat you or threaten to abuse you or make false promises that you will not be prosecuted. The courts have said that coercive police conduct includes physical violence, threats, direct or implied promises or any other exertion of improper influence by officers to get a statement from you. In one case, for example, the court said that the confession that the accused gave was not voluntary because the accused was placed in a physically oppressive confinement, and the Miranda rights were ignored or the accused’s mental state was visibly compromised” (See People v. Spencer (2018) 5 Cal. 5th 642, 672).

If you feel like you were the subject of an unlawful interrogation or your Fifth Amendment right was violated, contact Knight Law right away 408-877-6177. Early intervention is key in these kinds of situations.

Keep in mind that coercion is different from deception. Police officers are allowed to use a ruse or deception to trick you into making a statement. For example, if there is a co-defendant in a crime that the police are investigating, police officers may tell you that the co-defendant confessed to the crime and that they want to get “your side of the story” to clear your name. They can tell you they have eyewitnesses or surveillance that shows you allegedly committing the crime. However, these tactics are not coercion for purposes of the Fifth Amendment. For there to be coercion, the police must overpower your free will completely.

When the courts are asked to decide if there is coercion, the courts look at the totality of the circumstances. The main concern for the courts is whether your will was overborne by the circumstances surrounding the giving of a confession. The courts will look at the nature of the interrogation, its length, location, continuity, and will also consider other factors such as your maturity, education, and your physical and mental state.

When Can The Police Search My Phone?

The general rule is that the police can search your phone only if they get a warrant. Before 2014, the police were able to conduct a full search of a cell phone if it was incident to an arrest without a warrant. In 2014, the United States Supreme Court issued the case Riley v. California (2014) 573 U.S. 373, which held that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.

When you get arrested, the police can search you, including your pockets, and the area within your immediate control, which includes other objects. But, they can’t search your phone without a warrant, unless they believe that the information will be immediately destroyed. The idea is that people’s phones these days contain highly sensitive data, to which they are entitled to reasonable expectation of privacy.

The police can visually examine your phone and even remove the phone case to make sure it cannot be used as a weapon. The police can also collect your phone as evidence and turn it off to prevent data loss. Back at the police station, the police frequently obtain a warrant from a judge authorizing the search of the phone. The police must justify their request to the judge to search the phone. The police often justify the search by telling the judge that they believe evidence of a crime may be found on the phone.

The police are allowed to search your phone if there are “exigent circumstances.” An exigent circumstance includes emergency situations where evidence may be destroyed or access is needed to prevent harm or death to another person.

If you are being investigated or have been arrested in a criminal case, it is important to move quickly to protect your rights. Nana Knight is an experienced criminal justice attorney who is certified in criminal law by the California State Bar Board of Legal Specialization. Contact her at 408-877-6177 for a free confidential case evaluation.

What is a Restraining Order And How Can I Get One?

Definition

When a restraining order is filed, the “restrained party” is prohibited from committing harassment against the “protected party.” It prevents the party filing for a restraining order from being physically or sexually abused, threatened, stalked, or harassed.

Who can file for a restraining order

Anyone can file for a restraining order if they feel they are being harassed, stalked, abused, or threatened. The type of restraining order filed will depend on who the “restrained party” is, as this can vary.

Types of restraining orders

There are six types of restraining orders in California:

Domestic violence : Domestic violence restraining orders (DVROs) are for protection from someone you have had a romantic relationship with. It may be a spouse, ex-partner, or your child’s parent. It may also be someone in your close family, such as a child, parent, grandparent, or sibling.
Civil harassment : Civil harassment restraining orders are for individuals who you do not have a relationship with and are not closely related to. Examples include coworkers, neighbors, aunts or uncles, etc.
Elder abuse : When the “protected party” is 65 years of age or older, they can file a restraining order against an abusive child or caretaker.
Gun violence : Gun violence restraining orders (GVROs) are filed against individuals who the “protected party” believes may hurt themselves or others with a firearm. Rather than placing a mandatory amount of distance between the two parties, it prohibits the “restrained party” from owning a gun.
Workplace violence : Workplace violence restraining orders are oftentimes filed by an employer who feels the need to protect one of their employees from being harassed in the workplace.
School violence : School violence restraining orders are filed in private colleges. In most cases, a member of the administration or faculty files this to protect a student.

What restraining orders can do

In most cases, restraining orders prevent a person from contacting the “protected party” and enforce distance to be maintained from them. However, the details of the restraining order vary from case to case. In addition, the type of restraining orders also impacts the rules that are enforced. There are generally three categories of penalties:

Personal conduct orders: Requires restrained party to cease all communication, threats, sexual assault, harassment, and other specific acts delineated in the order.
Stay-away orders: These are the well-known types of restraining orders, which require a certain amount of distance, to be always maintained from the person, their workplace, vehicle, school, etc.
“Move out” orders: When the restrained party lives with the protected person, this type of order may force them to move out and take their belongings with them. In DVRO’s and elder abuse cases, these are common.

What warrants a restraining order?

Any of the following types of behavior may be grounds for a restraining order to be filed:

Physical assault (striking, battering, attacking)
Sexual harassment
Stalking
Threats
Unwanted hostile communication
Destruction of personal property
Disturbance of peace

This is not an exhaustive list, however, and the reasons for a restraining order may include these and other actions that warrant restrictions on behavior or physical proximity.

Other consequences involved with restraining orders

As a result of a restraining order, a judge may require that the restrained party attend “batterer’s intervention courses.” These often may last a year in duration and require anger management training. In addition, if there are children involved, as is often the case in DVRO’s, parenting classes may be a requirement enforced by the court. The judge may decide how long these will be taken, based off the severity of the case.

Furthermore, changes in housing may result from restraining orders. As previously mentioned, “move out” orders require that the restrained party leave their residence if they are deemed to be a threat to the protected party’s safety. Once again, this depends on the severity of the case, but a person may need to secure a new place to stay if the court mandates distance between the two parties.

The evidence involved in a restraining order case

When someone wants to file for a restraining order, the evidence they will usually bring to court can include witnesses, text messages or emails, pictures of injuries, and more. Any documentation that demonstrates harassment, stalking, threats, sexual abuse, and disturbance in general may be of aid to argue for the necessity of a restraining order. The testimony of a witness, for instance, can provide another individual’s perspective on the events that transpired leading up to the filing of the restraining order. Preparing these pieces of evidence beforehand is essential.

Duration of restraining orders

In California, a restraining order cannot last longer than five years. However, at the time of expiration, the protected party may seek to extend the restraining order if they still feel that their safety is threatened. In general, a common length of time for a restraining order is three years. The details of the case and the evidence presented impact the judge’s decision regarding the necessary amount of time to enforce the order.

Judge’s discretion

The judge may conclude that a restraining order is not warranted if the evidence is insufficient to prove its necessity. In this situation, the case finishes, but other aspects of the case may warrant more time in court. For instance, if a child is involved, there may be a custody battle even if a restraining order is not issued by the judge.

On the other hand, if the judge determines that a restraining order is valid, the protected party will have to complete the necessary documentation. Immediately after, the restrained party must begin to adhere to the rules outlined in the order. There may of course be more time spent in court afterwards to address other issues like child custody, elder abuse, domestic violence, etc.

Violations of restraining orders

When the restrained party violates the restraining order, a misdemeanor offense is usually issued. This may lead to one year in county jail or $1000 in fines if convicted; however, the judge may reduce the penalties to a smaller fine or require probation. Nonetheless, the restraining order will remain valid despite these penalties or charges.

If there are repeated violations of the restraining order, the charge may become a felony. The consequences of felonies are much more severe than a misdemeanor, including up to 3 years in prison and $10,000 in fines. Once again, however, this varies based on the nature of the violations.

Have a restraining order case?

Finding an attorney with experience in restraining order cases is essential. You’ll need someone you trust to defend your rights—somebody who you can communicate regarding traumatic experiences and difficult aspects of your personal life. Our team at Knight Law is committed to help you regain control of your life and get back on track. Filing for or facing a restraining order can be difficult, but our experience and dedication to protect your liberty is exactly what you’ll need in the process.

What is a Gun Violence Restraining Order (GVRO) and What Is the Process of Obtaining a GVRO?

What are they?

Gun Violence Restraining Orders (GVROs) are legal orders that allow a “protected party” to prevent a person who is found to pose a significant risk of harming themselves or others from owning and purchasing a firearm. The length of time in which the order lasts may vary, but it can last for up to five years.

What if someone already owns a firearm?

If someone who owns a firearm faces a GVRO, they are forced to turn in their weapon as well as any ammunition or magazines they possess. A judge will then prevent that individual from purchasing more––and this includes individual firearm parts as well.

When is a GVRO warranted?

A GVRO may be obtained when the court finds that an individual may physically harm to themselves or any of the following:

Family members
Household members
Coworkers and employers
Teachers and school administration
Law enforcement officers
Romantic partners

The process of acquiring a GVRO

When filing for a GVRO, it is necessary to fill out the right court papers in preparation for the issuance of the order. Once the papers are filed, the court will return them to you and you must coordinate service of the GVRO to the “restrained party,” effectively preventing them from possessing or using firearms or ammunition.

What types of GVRO’s are there?

EPO-002: This type of GVRO is served in “emergency” cases, when a judge feels there is an urgent need to prevent an individual from possessing firearms. The order is sent directly to the individual along with a court date.
GV-109: When this type of GVRO is served to an individual, they are given a court date to attend if they would like to contest it. Here, they can make a case about why they should maintain their firearm rights, and the judge will decide whether or not (and how long) the order will be valid for.
GV-110: This GVRO is temporary. More restrictions may follow based on the nature of the court case.

Punishments for GVRO violations

When a GVRO is violated, the “restricted party” must pay a fee of up to $1,000 and face up to 6 months in prison. This equates to a misdemeanor charge. In addition, after the original expiration date of the restraining order, five extra years of firearm restriction will be placed on the individual.

What should one do if they are served a GVRO?

If served a Gun Violence Restraining Order, it is necessary to comply with what is ordered by the judge. Failure to comply may lead to state or federal charges. It is critical to consult right away with an experienced criminal defense attorney. Doing so will ensure your ability to maintain your rights and protect yourself from unwarranted charges.

Our team at Knight Law is committed to help you regain control of your life and get back on track. Filing for or facing a Gun Violence Restraining Order can be difficult, but our experience and dedication to protect your rights and your liberty is exactly what you’ll need in the process.

Visit www.knightjustice.com for more helpful information!

What is A Temporary Restraining Order (TRO) and How Can I Get One?

What is a TRO?

A Temporary Restraining Order (TRO) is a court order that temporarily protects an individual from harmful action by the “restrained party” that it is served to. Types of harm include domestic violence, workplace misconduct, elder abuse, and civil harassment. It is an emergency, or “ex parte” order, and is served when there is an urgent need for protection.

When are TROs warranted?

These court orders are usually only granted in two situations:

The harm to the protected party if the order is not granted is greater than the harm to the restricted party if it is granted.
The likelihood of the protected party winning the case is relatively high, as deemed by the judge.

Situations in which they are granted

Domestic Violence Restraining Orders (DVROs): When a romantic partner, spouse, ex-partner, or family member is causing physical or emotional abuse.
Workplace Misconduct: When a coworker or employer is engaging in harassment or discrimination in the workplace.
Elder Abuse: When an older adult’s caregiver is inflicting physical or emotional abuse or being neglectful.
Civil Harassment Restraining Orders: When non-immediate family members are inflicting physical or emotional abuse or are stalking, making threats, or engaging in harassment.

How long do TROs last?

TROs are usually granted for up to 21 days. However, if need be, they may be extended to 25 more days. In addition, the TRO can become permanent later, based on the development of the case. Once the order is approved, it immediately takes effect.

What happens when a TRO is violated?

When a Temporary Restraining Order is violated, the restricted party may face misdemeanor charges. This means that they may face up to 6 months in prison as well as up to $1,000 in fines. The length of the order will be extended as well.

The process of obtaining a TRO

Obtaining a Temporary Restraining Order requires filling out of the proper paperwork. A judge will have to hear why the individual believes they need urgent protection from the restricted party. If granted, the TRO remains in effect until a set court date, when a permanent restraining order may be issued against the restricted party. This court date is known as an “Order to Show Cause” (OSC).

Once the OSC date arrives, both parties meet in front of the judge in court to make their case regarding whether a restraining order is warranted. It is important to provide sufficient evidence as to why the restraining order is necessary. Evidence may include instances of abuse, stalking, threats, etc. It is also necessary to keep in mind that TROs are issues only in ongoing lawsuits. If no complaint has been filed, a TRO application cannot be completed.

Possible outcomes of a TRO

If a TRO is filed, there are three main possible outcomes:

The TRO is granted, and a date is set for the OSC hearing.
The TRO is denied, but an OSC hearing date is set.
Both the TRO and OSC hearing are denied.

Need or have received a TRO?

The process of obtaining or fighting a TRO is an arduous one, and it involves a lot of emotional difficulty. Because it’s a temporary order that involves a lot of paperwork and legal complexities, time is of the essence. It’s critical to find a criminal defense attorney who is an expert regarding the process and can communicate with you openly to best defend your interests in court.

Our team at Knight Law is committed to help you regain control of your life and get back on track. Filing for or defending against a Temporary Restraining Order (TRO) can be difficult, but our experience and dedication to protect your liberty is exactly what you’ll need in the process.

Visit www.knightjustice.com for more helpful information!