Domestic Violence Trial: Prior Domestic Violence Acts Are Admissible

When someone is arrested for Domestic Violence
in Orange County, they are usually booked into the Orange County Jail. From
there, they are either released on their own recognizance or released upon
posting of bail or bond. Those defendants who must post bail but cannot afford
it must remain in custody during the litigation of their domestic violence
case. If they cannot afford to hire their own domestic violence defense lawyer then the court will appoint a
public defender.

At the arraignment in the Orange County Superior Court, the
defendant and his or her domestic violence defense attorney will enter a plea,
which is usually “not guilty”. At a series of pretrial conferences that follow,
the defendant’s domestic
violence attorney will attempt to have the case dismissed or,
alternatively, to settle the case with the DA. If the case doesn’t settle and
is not dismissed, then it is set for trial.

Domestic violence trials are like most other criminal
trials. Almost all of the rules of evidence and procedure are the same as any
other trial. But one important exception comes from Evidence Code Section 1109,
which deals with character evidence. You see, in most cases, evidence of a
defendant’s character is inadmissible. For example, in a DUI trial, the DA cannot
present evidence that the defendant has prior DUI convictions in order to prove
that the defendant was driving drunk on this occasion. Nor can the DA introduce
evidence that the defendant has a reputation for driving drunk to prove that he
or she did so on this occasion. If such evidence were attempted to be
introduced, the defendant’s DUI lawyer would quickly object to this
inadmissible “character evidence” and the judge would sustain the objection.

But Evidence Code Section 1109 actually says that in cases
of domestic violence, the usual rules that exclude character evidence don’t apply.
Thus, when a defendant is on trial for domestic violence, the DA can present
evidence to the jury that the defendant has committed prior acts of domestic
violence committed within the past ten years. The defendant’s domestic violence
attorney cannot successfully object on grounds of character evidence. Moreover,
the DA can put on witnesses who will testify that they know defendant and that
the defendant has a reputation for committing domestic violence.

If you have questions regarding domestic violence charges in
Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free
and confidential consultation with an experienced Orange County domestic
violence defense attorney. You can also visit us online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92675.