Thanks for meeting with me. I know that readers are really anxious to learn about domestic violence laws.

“I’m really happy to be asked to speak about this. Educating people about domestic violence and defending those accused of domestic violence is something I'm experienced in doing. It's important that people know about the intricacies of this crime. People who are arrested for domestic violence are not always who they appear to be.”

What do you mean?

“I mean that people who are accused of this crime are not always the monsters the media and the prosecutors make them out to be. Many of the people who are arrested for domestic violence crimes are just like you and me. They’re regular people. Sometimes, they are actually the victims of violence, but their spouses get to the phone first. On certain occasions they’re people who were falsely accused. There’s a saying among law enforcement officers: The first person to the phone is the victim, the other one is going to jail.”

People falsely accuse their partners of this crime? Couldn’t that type of thing ruin both of their lives?

“Yes, it could. It’s so unfortunate, and that’s why I want to educate people about these crimes. When someone is arrested for domestic violence, everyone in the family is affected. No one is happy.”

Are the accusations typical?

“They are not typical, but they happen. I’ve seen many cases like this. In fact, I had a client who was falsely accused by his partner. She said that he punched her in the jaw. Then, about two weeks later, she told everyone that she was having a lot of emotional turmoil and that she lied to attempt to cry out for help. Unfortunately, no one believed her. They said that she told the truth about the abuse and was lying now in order to appease her spouse. There’s nothing that can be done except to go through the court process. No one is able to drop the charges but the prosecutor.

Now, they're both unhappy, and they have to spend money to defend him in court. It’s really a no-win situation.”

You mean neither partner has control over the case once it's reported?

“Exactly. In California, the general rule is that the police must arrest someone when they receive a domestic violence call. Once the police have been called, there's no turning back. The judge and prosecutor are in charge--not the people who were involved in the event.”

This sounds like a very one-sided way to deal with this problem.

Because of the laws the way they are, many people arrested for domestic violence are denied constitutional rights. It’s almost like they are guilty until proven innocent, instead of the other way around. It’s unfortunate, to say the least.

Usually when police get to the scene the house will be a mess and both people will be agitated and hurt. The only way that the police know who to arrest is to talk to both parties and try to figure out what happened. It’s really ‘he said-she said,’ and no one really knows the story. Still, the police must arrest someone. ”

You mentioned that, many times, both people are hurt. Are both parties violent toward each other?

“Many times, yes. It’s really a bad situation for everyone involved. However, the criminal justice system sometimes makes it an even worse situation.”

Domestic violence cases can be somewhat confusing, from what I understand. What do you think is the most misunderstood fact about these charges?

“The biggest misconception that most people have is that once they make a report to the police about their partners, they have the power to drop the charges. This is not the case. Once an arrest is made for a domestic violence charge, the only person who can drop the charges is the prosecutor. And the prosecutor is not likely to do so without a compelling reason.”

So, if someone is arrested for a domestic violence charge, what should they do?

“My advice is to hire an experienced attorney right away. And it must be a lawyer the accused feels really comfortable with, since these cases take time to resolve. As I said before, these cases can be tricky. There are a lot of legal problems people can get themselves into if they aren’t familiar with California laws. Not to mention that if the person is going through a divorce or is trying to get custody of the children, these cases can really hurt.”

Do you have any advice about seeking out an experienced attorney?

“I tell people to find an attorney who is available to them any time of the day or night. My office has a 24-hour emergency line. Anyone who has a legal question can call this number and get in touch with someone within minutes. I believe in having real, live people on the phone, not an answering machine. I understand that sometimes people have questions in the middle of the night or on the weekend. These people need legal help and they need it immediately. This is an office philosophy of mine.

I’d also suggest to someone who has been arrested to find an attorney who has experience with this type of the law. I’ve been defending clients accused of domestic violence for years. The other attorneys in my firm are also experienced and knowledgeable in this field.”

Sounds like you are dedicated to your work.

“Definitely. In order to be successful and to help clients, I feel that I have to be dedicated. I make it a point to attend classes and seminars to keep up to date on the latest laws regarding domestic violence. I also make sure that every client gets as much personal time and attention has he or she needs.”

If there’s one thing you could say to someone who has just been arrested for domestic violence, what would it be?

“There is hope for your case. Don’t give up.”

Contact The Kavinoky Law Firm with questions about your domestic violence case. 877.4.NOCUFFS | Attorney@NoCuffs.com