Contact Us for a Consultation (559) 266-5555

DUI Defense Blog

Domestic Violence, witness, victim, and advocacy | Criminal Defense in Fresno, Madera, Visalia, Tulare, Hanford, and Kings County

Posted by Jonathan Rooker | Sep 17, 2017 | 0 Comments

"I am a victim of Domestic Violence, do I need an attorney?"

"I was a witness to a crime, do I need an attorney?"

These are common questions for anyone who was a victim and/or witness to a crime.  The Tulare County District Attorney has a pamphlet of information of which I will share in part below, and following that information I will supplement it with more information from a Criminal Defense Attorney's perspective.

VICTIM/WITNESS Assistance Division

The Victim/Witness assistance division of the Office of the Tulare County District Attorney is designed to provided services to victims of crime and to their family members.  If you or someone you know have been a victim of a crime, the staff of the Victim/Witness Assistance Division may be able to help you by providing one or more of the services listed below.

Counseling, reassurance and support follwoing the crime

Explaining the criminal justic system including information about individual cases

Accompanying victims to Jevenile and Superior Court

Notifying victims as the case progresses, of case status and final disposition of the case upon request

Providing assitance with return of property used as evidence

Directing victims to commnity resources which can be of further assistance to them

Helping to obtain Court-ordered restitution from convicted offenders

Assisting the victim in submitting the necessary application forms to receive compensation for lost wages, counseling costs and medical bills or funeral/burial expenses.


To be eligible for assistance from the Victim Compensation and Government Claims Board, the follwing criterial must apply:

1. The individual is a victim of a crime committed against his or her person (e.g., an assault, rape, molest, physicla abuse, robbery, drunk driving or hit and run with bodily injury or death).

2. The victim must be willing to report the crime to the authorities and to cooperate fuly with law enforcement, the District Attorney, and the courts.

3. The victim cannot have contributed to the crime (e.g., having been involved in committing an illegal act) at the time of the crime.

4. The victim must be a resident of California.  California residents who are victims of crime while traveling in another state or county are eligible.


Victims of Domestic Violence: Have some specific rights that should be carefully explained to any victim who has reservations about testifying.  Many times District Attorneys will tell a victim they must testify, or that they may be charged if they do not testify.  Other times a victim may believe the District Attorney will prosecute them if they do not testify, or understand that the D.A. has said that, even if the wording used did not precisely state this.

Sometimes a victim will lie to the police, or stretch the truth, which may expose them to criminal charges if they admit this on the witness stand.  This fear causes many victims to stand by untruthful statements, thus perjuring themselves, a crime of its own.

I would recommend that any Domestic Violence victim who has any reservations about testifying consult with an experienced criminal defense attorney to explain their rights to them, and help them through the process.

We provided a free consultation with victims of domestic violence to help them decide if they need an attorney that represents their right.  District Attorney's represent the the People of the State of California, which is why when a victims states they want the charges dismissed, the District Attorney rarely follows their wishes.  A defendant's attorney represents their client, the defendant, who advocates specifically for the defendant.  A victim many times will need an advocate that represent their rights exclusively, independent of a State Prosecution, or a defendant.

About the Author

Jonathan Rooker

Fresno DUI Attorney & Criminal Defense Attorney Jonathan Rooker is an experienced and aggressive attorney. His education and work ethic help him separate himself from the other attorneys. He provides quality legal defense at an affordable rate.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Get the Help You Need

Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

Schedule Today

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.