Domestic violence is a serious issue that affects individuals and families in Silicon Valley and worldwide. Unfortunately, many victims of domestic violence are not aware that they have legal options to protect themselves and their loved ones. This is where a domestic violence attorney comes in. If you are a… CONTINUE
Domestic and Sexual Violence Resources
National Sexual Violence Resource Center End Violence Against Women International National Crime Victim Bar Association National Alliance of Victims’ Rights Attorneys & Advocates
How does a victim of domestic violence communicate private, possibly embarrassing experiences and events to her lawyer?
This is where the attorney-client relationship is absolutely critical. I spend as much time as I can with my clients discussing the domestic violence incident itself, but also all of the dynamics surrounding the incident and her relationship with the perpetrator. If a person does not feel entirely comfortable speaking… CONTINUE
Sources of Evidence in a Domestic Violence or Sexual Assault Case
My sources of evidence in a domestic violence cases include police investigation materials, prior convictions of the perpetrator, medical records, psychotherapy records, photographs, eye witnesses, and even the defendant’s friends, relatives, children, and prior victims. I look for prior lawsuits, restraining orders involving the perpetrator, witnesses in the perpetrator’s workplace,… CONTINUE
The domestic violence victim’s right to the police report
California Family Code Section 6228* entitles the domestic violence victim to the police report. She should always ask for one and seek a confidential consultation with a civil attorney who handles civil domestic violence cases. California Family Code Section 6228 (a) State and local law enforcement agencies shall provide, without charging… CONTINUE
Developing evidence in a sexual assault or domestic violence case
We use discovery techniques including interrogatories, requests for admissions, demands for production of documents, and depositions regarding a sexual assault. All of these techniques of discovery are meant to obtain strong evidence from the defense under oath. Preparing for the victim’s deposition The victims can be deposed for up to… CONTINUE
When is the best time to file a domestic violence civil lawsuit? What is the statute of limitations?
Domestic violence civil lawsuit under the California Code of Civil Procedure, Section 340.15, must be filed within 3 years of the most recent incident of domestic violence. 3 years is more generous than the time one has to file an ordinary personal injury case such as a case arising out… CONTINUE
Can I bring a civil case for domestic violence or sexual assault if there is no criminal case?
Absolutely! You can bring a civil case for domestic violence or sexual assault if there is no criminal case. Our firm has received large settlements and jury awards in cases where the police were never involved and in cases where there may have been an arrest, but no criminal prosecution,… CONTINUE
In cross examination from the defense attorney, is that sometimes painful for the victim? Is it invasive, or do defense attorneys not go there for fear of alienating the jury?
It’s depends on the case and the style of the defense attorney. We must respect that a criminal defense attorney has a duty to be a zealous advocate for the accused, and that the accused is presumed innocent. Still, it is very traumatic for a victim to be confronted by… CONTINUE
Economic Damages and Non-economic Damages
Economic Damages are damages to one’s pocketbook, and non-economic damages are damages to one’s heart and psyche. Economic damages are items such as the cost of medical care, medication, physical therapy, psychotherapy, lost income, lost earning capacity, and loss of household services. Non-economic damages are intangible items such as sadness,… CONTINUE