Domestic Violence

Voisine v. U.S.: Closing the Loophole (18 U.S.C. § 922(g)(9))

Voisine v. U.S.: Closing the LoopholeThe United States Supreme court, in its decision in Voisine et al. v. United States, clarifies and narrows the application of a section of federal law that was codified more than twenty years ago. In its decision, the Court unequivocally states that the primary aim of the majority decision was to “close [a] dangerous loophole” left open by 18 U.S.C. § 922(g)(9) when it was ratified by the Lautenberg Amendment in 1996.Specific to the issue examined by the Court, 18 U.S.C. § 922(g)(9) makes it illegal for anyone “who has been convicted in any court...

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DOMESTIC VIOLENCE IN THE BAY AREA – ROLE OF COMPLAINING WITNESS

Arrested for Domestic Violence in the Bay Area?One of the most common questions Domestic Violence arrests provoke is what is the role of the complaining witness in deciding to or influencing charging and prosecution.DOES VICTIM HAVE TO TESTIFY?It is well known that a victim of domestic violence does not choose whether charges are brought against his or her significant other. The questions of whether a domestic violence victim have to testify in a domestic violence trial depends on several factors.You can be sure that the District Attorney will subpoena the victim to appear on the day of trial.WHAT HAPPENS IF...

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Santa Clara Mandatory Domestic Violence Arrest Policy (CA Penal Code 273.5)

California Penal Code section836(d) allows an arrest by an officer of a  crime that does not take place in their presence if:The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.While this section could, in theory apply to any crime committed, law enforcement agencies...

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Bay Area Domestic Violence Bail schedules – Should I Bail Out? (CA Penal Code 273.5)

Bay Area Domestic Violence Bail schedules - Should I Bail Out?Often, a domestic violence arrest triggers an immediate dilemma of whether to bail out or wait for a court proceeding.  Bail is the system by which those accused of a crime can essentially mortgage their freedom by posting a bond in court.  The amount of the bond depends on the  crimes alleged as well as the county the crime is alleged to have occurred in and is set by the county jail officials in charge of the  booking process.What is unique about domestic violence arrests(CA Penal Code 273.5) is that while...

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