Recent Posts in Domestic Violence Category
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Posted on Mar 13, 2012 By Christine McGuire
No Civil Compromise of Domestic Violece Offenses Penal Code Section 1377 prohibits civil compromise of misdemeanor domestic violence offenses. Penal Code Section 1377 excludes from civil compromise ...
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Posted on Mar 2, 2012 By Christine McGuire
Penal Code Section 243(e): Battery Against Spouse, Cohabitant, Co-Parent What it is all about: Penal Code Section 243(e) prohibits the commission of a battery against a spouse, former spouse, ...
Continue reading "Penal Code Section 243(e): Simple Battery Against Spouse Cohabitant, Co-Parent" »
Posted on Mar 1, 2012 By Christine McGuire
Domestic Violence and Continuous Course of Conduct What it is all about: When a complaint charges a defendant with a single criminal act and the evidence at trial shows more than one unlawful act, the ...
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Posted on Feb 29, 2012 By Christine McGuire
What constitutes Co-Parent in a Domestic Violence Case? What it is all about: For purposes of Penal Code Section 273.5, a person must be considered the father or mother of another person's child ...
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Posted on Feb 28, 2012 By Christine McGuire
Who are Cohabitants in Domestic Violence? Penal Code section 273.5 applies to spouses, former spouses, cohabitants, former cohabitants, and co-parents. Penal Code section 273.5(a). Holding oneself out ...
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Posted on Feb 27, 2012 By Christine McGuire
What is Traumatic Condition? A "traumatic condition" in a domestic violence case is a wound or external or internal injury whether of a minor or serious nature that is caused by physical ...
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Posted on Feb 23, 2012 By Christine McGuire
Definitions of Domestic Violence Domestic violence is abuse committed against a person who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or ...
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Posted on Feb 22, 2012 By Christine McGuire
Peaceful Contact Orders and Domestic Violence for Exchance of Children What it is all about: A judge may issue a Penal Code Section136.2 criminal protective order that allows the defendant to have ...
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Posted on Feb 21, 2012 By Christine McGuire
Firearm Restrictions and Domestic Violence What it is all about: A defendant subject to a Penal Code section 136.2 protective order may not own, posess, purchase, receive, or attempt to purchase or ...
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Posted on Jan 16, 2012 By Christine McGuire
Effective January 1, 2012, a court may, at sentencing of any domestic violence case, issue a restraining order regardless of whether or not the defendant is sentenced to the state prison or a county ...
Continue reading "Domestic Violence: Restraining Orders Upon Conviction" »
Posted on Nov 30, 2011 By Christine McGuire
Defendants charged with crimes are almost always best served by obtaining a lawyer. Are all criminal defendants represented by lawyers? Not all are, but most criminal defendants choose to be ...
Continue reading "Do I Need a Lawyer?" »
Posted on Nov 2, 2011 By Christine McGuire
Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...
Continue reading "Order to Seal a California Record" »
Posted on Nov 1, 2011 By Christine McGuire
Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition ...
Continue reading "DOJ 851.8 Processing and Petition to Seal" »
Posted on Sep 21, 2011 By Christine McGuire
A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...
Continue reading "Assertion of Miranda Rights" »
Posted on Sep 20, 2011 By Christine McGuire
Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...
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Posted on Sep 19, 2011 By Christine McGuire
Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...
Continue reading "Advisement of Rights to Minors" »
Posted on Sep 9, 2011 By Christine McGuire
Domestic Violence: Strangulation: New Laws for 2012!! What it is all about: Amends Penal Code Section 273.5 Existing law provides that any person who willfully inflcits upon his or her spouse, former ...
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Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 10, 2011 By Christine McGuire
Drivers and every owner of a motor vehicle must maintain financial responsibility at all times. Whenever you drive, you must carry written evidence of financial responsibility. There are four types of ...
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Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
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Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Mar 21, 2011 By Christine McGuire
Most persons charged with a misdemeanor may appear through their defense attorney at all stages of the misdemeanor case including the arraignment on charges. However a person charged with a ...
Continue reading "Proceedings on Arraignment - Domestic Violence" »
Posted on Feb 28, 2011 By Christine McGuire
The Lautenberg Amendment to the Gun Control Act of 1968 became effective September 30, 1996. The Lautenberg Amendment potentially affects any soldier who has been convicted of domestic violence or who ...
Continue reading "Domestic Violence and The Lautenberg Amendment" »
Posted on Jan 9, 2011 By Christine McGuire
Non custodial services for misdemeanors and felonies including work release, out of custody bookings and out of custody DNA collections are available at the Work Release Window located at the Santa ...
Continue reading "Work Release at the Santa Cruz County Sheriff's Office" »
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