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Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 3 of 3 - California Penal Code 13701

By Walin & Klarich

Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the "primary aggressor" when responding to a domestic dispute. In making such a critical determination, several relevant inquiries arise. First, who is the 911 reporting party? Who in the relationship poses the most danger to the other? Who has motive to lie or retaliate? Is either party under the influence of alcohol or drugs? As you can see, these questions do not lend themselves to an officer's snap-judgment. As such, you must seek legal counsel in an effort to provide clarity on the real and true facts and circumstances of the incident...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 25, 2010 (boomark / email).