Los Angeles Criminal Lawyer Blog

The L.A. Times reports that former ESPN personality Jay Mariotti will face a stalking trial in Los Angeles Superior Court based on allegations of felony stalking and assault charges filed by an ex-girlfriend.

California law defines stalking as intentionally, maliciously and repeatedly following or harassing a person and putting that person in fear for his or her safety. Harassing includes those activities that purposefully alarm, terrorize or torment another - both types of activities are associated with domestic violence and often occur between spouses, ex-spouses or ex-boyfriends and girlfriends.

If you have been accused of stalking or harassing another, it is important to speak to a Los Angeles stalking defense lawyer immediately.

Here, Mariotti is accused of counts including confronting is ex-girlfriend after being ordered to stay away from her and pulling out a chunk of her hair. Whether sufficient evidence exists that Mariotti took such actions and whether these actions are adequately severe to warrant felony charges remains to be seen. Mariotti has pleaded not guilty to these offenses and representatives have stated that the allegations were "meritless and inconsistent with the physical evidence in the case." In fact, at the preliminary examination, the ex-girlfriend admitted the clumps of hair had in-fact been hair extensions.

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Nearly a year after a domestic incident, criminal charges were filed against Mel Gibson for domestic abuse and battery. On Friday in L.A. Superior Court, Gibson pleaded no contest to misdemeanor battery of his former girlfriend, Oksana Grigorieva. By accepting a plea deal, Gibson avoids jail time.

If you have been charged with California domestic abuse or battery charges, contact an experienced California criminal defense attorney to begin investigating your case and preparing your defense.

During an acrimonious break up, Grigorieva claims that Gibson hit her, leaving her with two broken teeth and a black eye.

Here, as in many situations, accepting a plea deal may be beneficial. A plead of "no contest" does not mean that a defendant admits guilt, but rather is not going to fight the charges and submit to a trial. Although a judge may impose criminal penalties, it may shelter people charged from additional civil damages.

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Los Angeles domestic violence charges are serious matters. Statistics provide that one in four women will experience domestic violence in her life-time and an estimated 1.3 million women are victims of physical assault by a partner each year.

The L.A. Times notes that the recent incidences involving Charlie Sheen and domestic violence underscore the challenges of domestic abuse cases. Here, reports state that although Brooke Mueller's statements that Sheen threatened her were enough to obtain a temporary restraining order, they were not enough to open a criminal investigation. The article noted the difficulty of proceeding without a criminal complaint.

However in many volatile relationships the opposite occurs, a spouse or a partner may make allegations of domestic abuse in the heat of the moment with little evidence to back up these claims. Where an alleged victim files a complaint, even if the accuser changes his or her mind about filing charges, once the police become involved, it is the sole discretion of the police whether to press charges.

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Earlier this month, Governor Schwarzenegger signed a budget package including funds to restore domestic violence shelter services throughout the state, including Los Angeles and San Bernardino Counties. The funding had been slashed by a line-item veto a year ago.

Advocates of those injured by domestic violence celebrated the news and are relieved that funding for shelters will be made available as soon as possible.

Domestic violence takes many forms and includes physical or verbal abuse against a spouse, former spouse, present or past romantic partner, child or family member. Providing shelter and protecting rights of victims is crucial.

In some instances though, individuals in the midst of contentious relationships use the very serious allegations of domestic abuse to deny a former spouse or girlfriend/boyfriend contact with their children or access to their home. In these situations, it is critical to contact a defense attorney at once. In addition to facing temporary restraining orders denying contact with loved ones, those charged with domestic violence may face significant penalties including potential imprisonment, fines and community service. Often charges are motivated by revenge, anger or sadness as a result of a strained relationship. However, once the police become involved in a domestic dispute, whether to press charges is a matter of prosecutorial discretion.

Continue reading "Funds Approved For California Domestic Violence Shelters" »