News Room

Domestic Violence Cases

By Bill Nimmo

In domestic violence cases, the chances are, unless you want to call your spouse or significant other a liar, that the evidence is pretty good against you. That doesn't mean you are necessarily guilty that means that the evidence against you is powerful unless you are prepared to show that your spouse or significant other is either lying, or misperceiving the event.

If your spouse or significant other is misperceiving the event that is a harmless proof trail that you can use to show the prosecution that their case is weak. In the heat of an argument many times a person is wrong about what they saw or heard and you can point that out without causing damage to your case. I once had a case where a husband and wife were arguing loudly about their daughter. When the husband came towards where his wife was in the house they collided at a hallway corner and her glasses were broke in the collision causing red marks around her eye. Of course the police ignored what the parties said and took the husband to jail. While it took a lot of talking I was able to convince the prosecutor to dismiss the case. These people were nice folks and had no real record of previous violence.

Even saying your spouse was lying to the police can be done gently. A lot of times, in the heat of an argument, the police are called and words are said that aren't true. When the argument cools and the effects of alcohol are gone the complaining spouse feels guilty that he or she made false statements to the police. Your attorney needs to be careful. Your attorney must walk the line so as not to get your spouse charged with giving false information.

If the parties have no record of violence and if there isn't a major ongoing problem in the household you have a good chance of plea bargaining to something other than domestic violence. You are aided in this if there is a problem in the facts like those talked about in the paragraphs above. You may need to plea to domestic violence straight up, but if you can avoid doing so that would be best.

If you plead to domestic violence, even as a misdemeanor you will have problems in the future with firearm possession and ownership. You will also have to attend a 52 week domestic violence recovery program to help manage your anger and understand the dynamics of abuse in the family. And, you may have problems with future employers or anyone that finds out you have a "domestic violence" conviction. You may just have pled to avoid more problems but another person could interpret that you are an "angry" man or a "wife beater."

Some plea bargain strategies include trying to bargain to a simple battery or a simple assault that doesn't have domestic language attached. You can also attempt to plea to a 647(disorderly conduct) or maybe a 415(fighting noise-offensive words.) Prosecutors these days hate to move off of the domestic violence sections but with the proper case and with the right DA you may be able to convince them.

Also you can try to get the prosecutor to agree to a short anger management program rather than the 52 week program. If you plead to a domestic violence charge, however, a judge will have to find real good cause not to impose the DVRP.