Articles Posted in Domestic Violence

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As an Orange County criminal defense lawyer who has handled thousands of domestic violence or spousal abuse cases, I get calls daily from people who were arrested or whose significant other was arrested because neighbors heard them fighting and called the police. You do not have to be married to be charged with “spousal abuse”—it applies if you were ever in a dating relationship with the other party.

In Orange County most domestic violence or spousal abuse arrests are unwanted by either party. The concept of “pressing charges” is a myth. One does not get arrested or prosecuted based on whether the other party decides to “press charges”. What this means is that your desire that your partner NOT be arrested is largely irrelevant. In most cases the police will make an arrest if they:

  1. See any injury or
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Mel Gibson is a well-known local hothead. It came as no surprise to Southern California or Orange County residents then when officials in Sydney, Australia said they were investigating him for criminal assault or battery on a member of the paparazzi. Worse, that member was a woman, who claimed that he shoved her in the back and spit on her. Police claim they did a thorough investigation, which included talking with witnesses and reviewing security camera footage, but have ultimately decided not to file criminal charges, much to the anger of the alleged victim.

Assault and battery can be serious charges. As an Orange County criminal attorney I defend innocent people of accusations of assault and battery weekly. But most people are not subject to the careful scrutiny that Mel Gibson received before charges are filed. Unfortunately, assault and battery charges are often filed on nothing more than a simple verbal allegation, such as “he punched me.”

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A Fresno, CA man is accused of severely beating his wife after she continually posted selfies on Instagram, an online mobile photo-sharing, video-sharing and social networking service.

After her husband allegedly beat and threatened to kill her, the victim ran off with their 5 and 7 year old children and called the police. The man reportedly ran off with their 2 year old child. The victim of domestic violence appeared to have been choked and punched, as she suffered injury to her eyes, neck, arms and legs.

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Domestic violence calls to police often result in arrests, but when the suspect is a 500 pound man, the challenge is put upon police to even move, let alone make an arrest. That’s what happened when the man’s girlfriend called police and allegedly told the police that her boyfriend had slapped and spit on her.

Police arrived to find the man freshly showered, speaking with slurred speech, and naked. When informed he was under arrest, he allegedly sat down on the floor and told officers to try to move him. He also reportedly kicked an officer, according to police documents.

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What to do when Social Services has been called—

You and your husband were arguing the other night. Neighbors called the police. The police told you that they had to arrest one of you and he chose you. You’ve bailed out of jail, you’ve contacted an experienced Orange County domestic violence or criminal defense attorney,  you are prepared for court and then you come home and there it is out of left field- a business card left on your door from the Department of Child and Family Services with a note that you must call a social worker. You call as instructed and are told that “your social worker” needs to investigate “your case.”

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Natalie Wood 1963During the night of November 29, 1981, Natalie Wood, her husband Robert Wagner, and friend Christopher Walken were on a yacht anchored off Santa Catalina Island near Orange County, CA. At some point during the night, she ended up in the water without a life jacket and her body was recovered several hours later. At the time, the Coroner reported the cause of death was accidental drowning.

Thirty years later, the case was reopened after new sources came forward with additional information. For example, the boat’s skipper claims to have heard a loud argument coming from Wood’s cabin on the yacht hours before she went missing. In addition, bruises on her knees, wrists, and ankles that were overlooked in the original coroner’s report could be consistent with injuries sustained from an assault. Further, those injuries likely occurred prior to her falling in the water, according to the report.

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In 2011, Elizabeth Escalona, a 23-year old mother of five, allegedly attacked 2-year old daughter Jocelyn due to potty training problems. She kicked her in stomach, beat her with a milk jug, and glued her hands to an apartment wall with super glue, according to information brought at trial.

Jocelyn suffered brain bleeding, a fractured rib, bruises, and bite marks, according to doctor’s testimony. Some skin had been torn off her hands as a result of the glue. Glue residue was found on her hands, along with paint chips from the apartment wall. The girl was left in a coma for several days following her injuries. Jocelyn and her four siblings are now living in the protective care of their grandmother.

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Chad Johnson, formerly known as Chad Ochocinco, is a wide receiver who played mostly for the Cincinnati Bengals since 2001. He signed with the Miami Dolphins on June 11 of this year, but was dropped following his arrest last month.

He and his wife Evelyn Lozada had a fight after she discovered a receipt detailing the purchase of condoms. What started out as an argument allegedly turned violent. Lozada told police that Johnson head-butted her during the altercation. Johnson was arrested on suspicion of misdemeanor battery. The following day, Johnson was dropped from the Miami Dolphins as a result of the arrest.

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The Child Abuse Central Index (CACI) was created by the California Legislature in 1965 and is maintained by the California Department of Justice (CDOJ). In an effort to protect the health and safety of children in the state, individuals against whom issues of child neglect or abuse were reported and found to be substantiated are included on the CACI. As of 2011, it contained names of about 850,000 people who were suspected of physical, sexual, metal or emotional abuse and/or neglect of a minor.

People on this list have not necessarily been convicted of a crime, but surprisingly, until 2012, even people who were the subjects of investigations with unsubstantiated findings were likewise included on this list as a possible child abuser.

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When you think of felony assault and battery charges, you probably envision murderous weapons like guns and knives, not french fries. The California Penal Code defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on [another] person.” Battery is similarly defined as “any willful and unlawful use of force or violence upon [another] person.”

Are french fries capable of inflicting a “violent injury?” When James Hackett and his wife began arguing after purchasing a meal at McDonald’s, his 11-year old stepdaughter attempted to stop their arguing. This angered Hackett, who allegedly then grabbed the container of french fries and threw them at her; they hit her in the face and chest.

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