In the heat of passion a domestic confrontation may arise between two people. This will sometimes end in spousal abuse. Generally, if the police are called out on a domestic dispute or spousal abuse call, they are going to arrest one of the parties. Should the police be called to your home because of spousal abuse, it is generally best that you not give a statement to the police. Everything that you tell the police will be used against you should the case go to court. Oftentimes, your statement is one of the strongest pieces of evidence that the prosecution has to convict you for spousal abuse.
There are many avenues to defend a charge of domestic or spousal abuse. Typically, the spouse or boyfriend/girlfriend will decide that they do not want to have the charges prosecution. Unfortunately, once the matter has gone to the police the decision whether to charge and prosecute for spousal abuse has shifted to the District Attorney. Although the D.A. will take into consideration the wishes of the prosecuting witness, oftentimes they will continue to prosecute the spousal abuse case even if the victim disavows his/her story. The D.A. will simply try the case using the first statement of the victim and argue that that statement is the more believable because it was made while the event was fresh.
If you are charged with domestic violence or spousal abuse, it is extremely important that you hire an experienced domestic violence defense attorney. David Foos has had over 35 years defending these spousal abuse cases. David Foos was a Judicial Officer for the Sacramento Superior Court for 16 years and is familiar with many of the Judges and the D.A.s. David can help you get the best possible result in your case including getting the charges dropped. Contact David Foos at 916-779-3500 Foos Gavin Law Firm for a FREE initial consultation.