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Questions About Domestic Violence

Domestic violence attorney Joseph T. Rhea meets with every client personally.  Here are some of the questions that he is most commonly asked:

  • Question: Will the District Attorney drop charges if the victim changes his or her story?
  • Answer: If you have been arrested, but have not yet gone to court, it is sometimes possible to convince the District Attorney to not file charges. Once charged, however, prosecutors will aggressively pursue a conviction, regardless of whether your spouse or partner recants their statement. Thus, it is very important to hire a domestic violence attorney immediately after an arrest. If you wait until the court process begins, the odds are very good that you will have to go to trial to prove your innocence.
  • Question: I’ve been served a copy of a temporary restraining order. What should I do?
    Answer: Get an attorney immediately and respond in court. Restraining orders are too easy to get in California and easily abused by the person seeking the restraining order. If a permanent (typically three year) restraining order issues, you may be subject to endless harassment by the other person and the police. To avoid this, it is essential that you appear at the scheduled hearing with an attorney.
  • Question: What constitutes a domestic violence charge?
    Answer: There are a number of areas that would fall under domestic violence, including such things as threats or intimidation, stalking, verbal or mental abuse, unwanted touching, physical injury, sexual assault, and rape. All of these crimes can be charged as domestic violence.
  • Question: How do I defend myself?
    Answer: Domestic violence and child abuse cases are among the most defensible of all criminal cases. The reason is that in many domestic violence cases there are no witnesses other than victim and the accused. Often the victim’s statements to the police were confused, contradictory, or clearly made out of anger or obvious self-interest. To preserve evidence and prepare the best defense, it is essential that you meet with a domestic violence attorney immediately after your arrest. You want to begin preparing the defense before you actually go to court.

  • Call Palm Springs Domestic Violence Criminal Defense Attorney Joseph T. Rhea toll free at (888) 612-8366 to schedule a free consultation.

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