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
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
How Does a Domestic Violence Lawsuit Differ from A Criminal Domestic Violence Case?
There are some important distinctions here. First, in a civil domestic violence case, the victim is a real party (plaintiff) in the case. In a criminal case, the plaintiff is not the alleged victim, it is the People of the State of California. This distinction is important. It means that… CONTINUE
How domestic violence and sexual assault victims sometimes feel re-victimized in criminal cases
Domestic violence victims often tell me they feel re-victimized because they can receive multiple subpoenas for multiple hearing dates, the case often changes hands between several prosecutors, and victims don’t always receive regular communication regarding the status of the case. Examples as to why complaints I get from domestic violence… CONTINUE
Attorney Todd Emanuel seeks justice against Virginia Cleaners
Bay Area Sexual Assault Attorney Todd Emanuel seeks justice for an unidentified woman against Virginia Cleaners. Women getting dress alterations at a Berkeley tailor shop say they were sexually battered by an employee and that the business owner knew of the tailor’s dangerous tendencies, but continued to employ him. The… CONTINUE