What to Expect in a Domestic Violence Case

>> Givelle Lamano:
Welcome to Lamano Law Office. The purpose of this video is to explain what to expect if you or a loved one is charged with domestic violence.

>> Givelle Lamano:
First, an alleged domestic violence happens, and this can be between romantic partners, family members, and at times members of the same household. Next, law enforcement is called to the scene. They could have been called by a victim, an involved party, a witness or even a neighbor. Law enforcement will then conduct an investigation at the scene and more than likely an arrest will be made.

>> Givelle Lamano:
The officers will then write a police report, which can include a narrative of what happened, along with any evidence collected such as photos of you, the alleged victim, and or the scene.

>> Givelle Lamano:
A criminal protective order will likely be issued, which means that the alleged party cannot contact the alleged victim, and will probably have to say a couple hundred feet away from them. While our law firm does not handle temporary restraining orders, we can certainly provide you with a referral if you need one.

>> Givelle Lamano:
The next step is bail. Bail will be set, and you will need to post it in order for you to be released from jail. The other option is that you don't post bail, wait until your court date, and a judge may or may not release you on your own recognizance. If you have questions about bail or being released on your own recognizance, please watch our What Is Bail video on YouTube.

>> Givelle Lamano:
The police report and the evidence will then be sent to the district attorney's office. The district attorney is also known as the DA. The DA will then review the police report and decide whether or not to file charges on your case. If the charges are filed, a complaint will be filed, which is a fancy word for the formal charges that have been filed against you, and you'll have what's called an arraignment.

>> Givelle Lamano:
The arraignment is your first court hearing. At your arraignment, your defense attorney will get a copy of the complaint and the police report. Negotiations may or may not happen at this first court hearing. A future court date is set, and that is what's called a pre-trial conference. Most domestic violence cases have between one to four pre-trial conferences.

>> Givelle Lamano:
At these conferences, the DA and your defense attorney will review evidence in your case, and potentially negotiate the terms of your sentence.

>> Givelle Lamano:
The last step is either a negotiated sentence, which is also known as a plea bargain, or a jury trial. If your defense attorney and the DA were able to come to an agreement, you will be convicted of the negotiated sentence, and you are agreeing to the consequences negotiated by your defense attorney. If an agreement cannot be made, your case will go to jury trial.

>> Givelle Lamano:
Here, the evidence will be presented in court in front of 12 jurors and they will decide whether or not you are guilty of the domestic violence. If you are found guilty, there are no further negotiations, and the judge will impose a sentence on you. If you are found not guilty, you will be acquitted of the charges and we can discuss cleaning up your arrest record.

>> Givelle Lamano:
Your attorney cannot talk to the alleged victim in your case because that actually makes us a witness. If you'd like to call our office to see about potentially hiring a private investigator to talk to the victim, we can discuss whether or not that's a good strategy to try to defend you.
If you would like to challenge the temporary restraining order or the criminal protective order, or even file a temporary restraining order against another party, this is not something we can help you with. But we can provide you with a referral to an attorney that we trust that can handle that for you.

>> Givelle Lamano:
Some of the common consequences of domestic violence convictions can include a misdemeanor or a felony on your record, domestic violence or anger management classes, anywhere between three months to a year. Jail time or alternatives to jail time, such as the Sheriff's Work Alternative Program, which is basically community service. Electronic monitoring, or weekend jail. You may also have to pay fines and fees, and you may be put on informal or formal probation.

>> Givelle Lamano:
If you have questions about anything that you've learned about domestic violence, including some of the consequences and what the procedure in court will be, please contact your office to see how we can help you get the charges dismissed in your case, or how to potentially get you the best outcome. Thank you for watching, and please call us at (510) 842-0750 if you'd like an evaluation on your case.