Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Investigation & Prosecution of Domestic Violence

204 views

Published on

Investigation & Prosecution of Domestic Violence, Spousal Assault, and Battery. What are the Penal Codes associated with crimes involving intimate partners and spouses.

Published in: Law
  • Be the first to comment

  • Be the first to like this

Investigation & Prosecution of Domestic Violence

  1. 1. Investigation and Prosecution of DOMESTIC VIOLENCE SANFORD & CHRISTY HOROWITZ 1032 SANTA BARBARA STREET SANTA BARBARA, CA 93101 (805) 452-7214 HOROWITZFORLAW.COM
  2. 2. DOMESTIC VIOLENCE • PC 273.5(a) – PC 243(e) • PC 273.6(a) • PC 166(c)(1)/(a)(4) • PC 245 • PC 653m - PC 136.1 • PC 422 – PC 646.9 • PC 262 • PC 594 - 459 ABUSE + RELATIONSHIP = DOMESTIC VIOLENCE
  3. 3. PC 273.5(a) • Spouse or former Spouse, Cohabitant or former cohabitant, mother or father of a child; • Corporal injury • Resulting in a traumatic condition. AND….D did not act in self-defense
  4. 4. PC 243(e)(1) • Spouse or former spouse • Cohabitant • Parent of D’s child • Current or former dating relationship • Harmful or offensive AND……D did not act in self-defense.
  5. 5. PC 273.5(a) vs. PC 243(e)(1)? A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by physical force. Did the injury cause a traumatic condition?
  6. 6. *soreness and tenderness are not enough for “traumatic condition,” but look for a “continuous course of conduct” Did the injury cause a traumatic condition?
  7. 7. PC 273.6(a) • 1 year Misd • Charge if there is an existing: – EPO – DVPO (Domestic Violence Prevention or Protective Order) INDICATE IF A VIOLATION IS ACCOMPANIED BY VIOLENCE.
  8. 8. PC 166(c)(1) – (a)(4) • 1 year Misd • Charge if there is an existing: – CPO for DV – If CPO is for non-DV, charge 166(a)(4) INDICATE IF A VIOLATION IS ACCOMPANIED BY VIOLENCE.
  9. 9. PC 245 • PC 245(a)(1) • ADW • It’s a “Strike” • PC 245(a)(4) • Assault w/ force likely to cause GBI • Non-Strike • Don’t Forget about GBI enhancement AND….D did not act in self-defense Why charge it? •It’s a strike!
  10. 10. PC 422 • Willful threat to kill or cause great bodily injury; • Threat made orally – in writing – or by electronic device; • Intent that it be understood as a threat; and intent that it be communicated to victim; • Threat is clear, immediate, unconditional, and specific – a serious intention and immediate prospect to carry it out • VICTIM is in sustained fear; and FEAR is reasonable!
  11. 11. PC 422 General Threats? •“I’m going to beat your fucking ass.” •“I’m going to hurt you.” Unlawfully kill or threaten GBI
  12. 12. No credible threat? “I ASKED THE VICTIM IF SHE BELIEVED JOHN DOE WOULD CARRY OUT THE THREAT TO KILL HER AND SHE REPLIED ‘I DID NOT.’” No sustained fear?
  13. 13. Try 664/422 or PC 653m • PC 653m – Sending Harassing Text Messages • PC 646.9(a) - Stalking
  14. 14. PENAL CODE 646.9(a) • Willful and malicious harassing OR repeatedly following; AND • D made a credible threat with the intent to place the VIC in reasonable fear for her safety or immediate family • If there is a restraining order in place at the time of the stalking? Charge PC 646.9(b)
  15. 15. DEFINITIONS - STALKING • Credible Threat: – one that causes the target of the threat to reasonably fear for his or her safety [or for the safety of his or her immediate family] and one that the maker of the threat appears to be able to carry out. • (look for past conduct that can be used to explain why the vic is so afraid!) • orally, in writing, or electronically or may be implied by a pattern of conduct or a combination of statements and conduct. • Harassing: • means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.
  16. 16. PC 136.1 SEVERAL WAYS TO VIOLATE: • PREVENT • DISCOURAGE • REPORT VICTIMIZATION • CAUSING ARREST • CAUSING PROSECUTION DO NOT FORGET THAT AN ATTEMPT TO DO ANY OF THE ABOVE IS ENOUGH FOR PC 136.1
  17. 17. PC 136.1 • Attending or giving testimony • Reporting a crime to law enforcement • Maliciously tried to prevent/discourage/ • prevented/discourage victim from:
  18. 18. PC 136.1 • Cooperating or providing information so that a complaint, indictment, probation or parole violation could be sought and prosecuted • Causing arrest
  19. 19. PC 136.1 Victim was a witness or a crime victim AND He knew he was preventing or discouraging or attempting and he intended to
  20. 20. ENHANCEMENTS • PC 12022.7(a): Great Bodily Injury (“GBI”) • PC 12022.7(e): GBI Involving D.V. • PC 667.5(a): Violent Felony w/Violent Fel. Prior • PC 667.5(b): Prison Priors • PC 667: Strikes • PC 12022: Armed Enhancement. • PC 12022.1(b): Out on Bail Enhancement
  21. 21. HISTORY OF VIOLENCE Obtain specific information of prior incidents of domestic violence: – Mutual combat? – Who was the aggressor? – Description of assault – Injuries HISTORY OF RELATIONSHIP
  22. 22. EVIDENCE • PHOTOGRAPHS • AUDIO RECORDINGS • STATEMENTS FROM WITNESSES INCLUDING CHILDREN PRESENT
  23. 23. ASSUME THE VICTIM WILL • RECANT! • MINIMIZE! • FAIL TO APPEAR! How will you prove it without the victim???
  24. 24. ASSUME THE VICTIM WILL • RECANT! • MINIMIZE! • FAIL TO APPEAR! How will you prove it without the victim???
  25. 25. Investigation and Prosecution of DOMESTIC VIOLENCE SANFORD & CHRISTY HOROWITZ 1032 SANTA BARBARA STREET SANTA BARBARA, CA 93101 (805) 452-7214 HOROWITZFORLAW.COM

×