DOMESTIC VIOLENCE BLOG
Domestic Violence is an interesting area of law. It often crosses into the realm of the family courts, with some aspects of a factual scenario or situation taking place in the criminal courts. If you are accused of Domestic Violence in Fresno County you could face serious consequences. The courts routinely sentence offenders to a 52-week Batterers Treat Program, multiple years of Probation, and jail sentences for even misdemeanor offenses. Often, the jail time is converted to adult offender work program, but that is no guarantee. Several factors come into play.
Does the Complaining witness, or Victim want to testify? Can the victim just drop charges? Can the case go forward without a victim witness? These are all good questions, with some tough answers.
In felony cases there is a preliminary hearing. Officers can often testify to hearsay statements at preliminary hearings. A case can go forward without he victim/witness. The State of California prosecutes cases, so a victim may not arbitrarily drop charges, as they are not the ones pressing the charges.
Marsy's law, or the victims bill of rights gives victims the right not to be incarcerated for not testifying at a preliminary hearing, or a trial. There are many other rights now afforded victims, that previously were not available to them. For further information see the link to the victims bill of rights under "Marsy's Law" in the Domestic Violence area of the webpage.