New Law Requires A Victim of Domestic Violence or Sexual Assault To Receive Counseling (California Code of Civil Procedure 1219 and Penal Code 1387)

In California, if you are a victim of domestic violence or sexual assault you cannot be put in jail for refusing to testify in court about the sexual assault or domestic violence incident (See California Code of Civil Procedure 1219). However, you can be held in contempt of court for failing to testify and may be subject to other consequences including fines or community service (See California Penal Code 166). A recent change to the law now requires that you first be referred to a domestic violence counselor before you can be held in contempt of court for failing to testify.

A related change was also made to California Penal Code section 1387. In most cases you cannot bring a felony charge if it has already been dismissed twice. However, Penal Code section 1387 now provides that you can re-file domestic violence or sexual assault charges even after the charges have been dismissed twice before, if the charges were previously dismissed because the victim was held in contempt of court for refusing to testify. The prosecution must bring the charges within six months of the original dismissal of the action.

If you or a loved one has been convicted of domestic violence or sexual assault it is important that you contact an experienced and knowledgeable defense attorney. The attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients who have been accused of domestic violence or sexual assault and will do everything we can to ensure that you get the best possible outcome in your case. We have offices in Los Angeles, San Bernardino, Riverside, San Diego, Ventura and Orange County. Call us today at 1-888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.

Email Us