Many cases of domestic violence are realized after an arrest that Santa Clara County has a “do not drop policy” on police calls. Warrants do not need to be secured if a neighbor calls 911 or any type of language can be heard through a front door or window. Many people are surprised why they are being arrested. Having any history of domestic violence or battery often times leads to an imminent arrest most of the time. If minors are in the home child services can quickly arrive regardless of the time day or holiday.
These are often cases of he said she said or in the recent light of Prop 8 he/he said or she/she said. In my twelve years of practicing law in Santa Clara County court dates are reached with hearsay evidence or eye witness accounts as the only facts used to release the court date tract. Many times a full year of classes and a high fine is routine-adding more pressure to the home life dynamics. Many times protective orders are requested putting a further strain on the family unit.
Often times there are misunderstandings or a lack of proper communication, but nevertheless the situation can become life altering in a county where one side is going to jail and hopefully secure reasonable bail.
If there is a history of frustration or money problems comes into play I recommend self surrendering to a anger management class and keep a meetings slip nearby in case of a police call to show proof of a pro active approach to understanding a “real time” situation where the police only have a brief thumb nail idea of facts. In case of any activity being miss understood simply leave the home or room and go outside for a cooling off period. Of course if anyone feels their lives are in danger or there is a cycle of violence call 911 and always keep a set of keys in a pocket for quick access.
Often times I hear the remark : “but I was only pulling out the chair to get a closer look and she fell” or I was simply trying to ” plan a vacation or talk about a high bill” etc.. This is all it takes to run into a domestic violence issue. If either side is facing a court date and needs a hands on attorney office such as Mr. Green of the HWG LAW GROUP-A PROFESSIONAL CORPORATION please arrange for a free 30 minute consultation to discuss the case in confidence. Mr. Green is here to help.
