This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Arrest For Domestic Violence In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Provide Supporting Evidence or Information If you have any supporting evidence or information that will bolster your recant statement, now is the time to provide it. This might include eyewitness accounts, medical records, or other legal documents that support your case.
An accusation of domestic violence carries severe consequences: an arrest, an indictment, or a restraining order could irreparably damage your reputation and expose you to criminal charges. Since domestic violence often takes behind closed doors, it is notoriously difficult to prove.
A felony domestic violence conviction can have lifelong ramifications because it is permanently on your record unless you obtain a dismissal pursuant to Penal Code section 1203.4. While rare, the Governor of California can grant a pardon for a felony conviction, essentially wiping it clean.
Defamation occurs when false statements are made about an individual that harm their reputation. In the context of false allegations of domestic violence, defamation lawsuits may be pursued against the individual making the false accusations.
The State Attorney determines whether or not charges will be filed in criminal cases in California. A victim or a witness does not make this decision. This means that a prosecutor will pursue the case against the defendant even if a statement is retracted.
Steps to Take When Falsely Accused Seek Legal Counsel Immediately. The first and most important step is to secure legal representation. Cease Communication with Your Accuser. Gather Evidence to Support Your Innocence. Maintain Communication Records. Cooperate with Law Enforcement.
A felony domestic violence conviction can have lifelong ramifications because it is permanently on your record unless you obtain a dismissal pursuant to Penal Code section 1203.4. While rare, the Governor of California can grant a pardon for a felony conviction, essentially wiping it clean.
The statute of limitations on a sexual assault incident involving a victimized adult – someone who is 18 years or older at the time of the attack – is 10 years from the date of the last act, attempted act or assault with the intent to commit an act, under California Code of Civil Procedure 340.16(a).
No limitation In California, there are some serious crime that have no statute of limitations, such as kidnapping. Penal Code 187 PC – murder, Penal Code 207/209 PC – kidnapping, Penal Code 261 PC – rape.
For most crimes, California law sets the statute of limitations at one to three years; however, recent changes to the law have extended the statute of limitations for domestic violence crimes in California to five years. Domestic violence prosecutors now have 5 years from the date of the incident to file charges.