We all want to meet or read about “Stars”. This is especially true when it involves Domestic Violence (DV) by, or on a VIP such as the recently discussed Menendez Brothers case possible resentencing (which I predict will result in their being released). However, not every DV accusation has merit. Sometimes, there are false accusations made by a spouse to gain leverage for a soon to be filed, or already filed, divorce /child custody case.
The accusations are often made by the wife, and sometimes “banked” leverage for a future filing. Most DV claims have some merit, and I by no means condone domestic violence…though I have gotten over 100 to not be filed. However we must be aware that all “that glitters is not gold”.
I have represented hundreds of DV cases. I remember a case where a couple were staying at the Marriott Desert Springs Villas and arrived with their kids and nanny. They had reservations across the street at Morton’s at 6pm. They ordered a pizza delivery from across the street and on all 3 status calls were told it was on its way at 5:30pm. It had not arrived when they left.
They ordered the large, and very pricey, “bone in” steak for two at Mortons. Aggravated from the pizza disappointment, the husband did not eat much and asked for a doggy bag. He ordered a shot of Louis 13, which was $125. His wife complained “how can you spend $125 on one shot”. He chugged the drink and left his credit card for his wife to sign and waited in the car.
His wife opened the door and said “I bet you forgot the friggin doggy bag”. He reached down by his right foot and picked up the doggy bag with his right hand. He intended to show her the bag, but instead hit her in the left eye with the “bone in” bag as he said “here is your friggin doggy bag.” Her eye began to swell and he kissed it and apologized as they returned to the villa and he went to bed.
His wife put ice on her eye and called her best friend who was married to a Beverly Hills lawyer. She said “in case you ever want to file for divorce it would be nice to have a record of your husband hitting you” and suggested the wife call the police to make a report. She told the front desk she wanted to contact the police to make a report but not have the police come out.
However, once the police are called on a DV, they are going to “role” and arrest someone, and bail is automatically set at $50,000. I prepared declarations of what really happened and presented them to the DA. Of course the DA thought the wife was pressured into signing it. However after lots of argument the case was not filed.
Ever since the OJ case, the police will arrest the defendant on a DV when called. Nicole Simpson had called West LA police many times and when they saw it was OJ they let him go back in the house. Now police worry that if they let the abusive spouse back in the house and s/he harms the spouse again, the police could be sued for negligence for not doing their job… and thus causing injury or death.
Once there is an arrest the DA is not likely to drop the case… even when the victim asks to drop the charges. Unfortunately, with DV cases, that happens all the time. However, the law looks at the true victims being The People of the State of California…and not Nicole Simpson or the Menendez Parents.
Cut out this card!
GIVE THIS CARD TO OFFICER WITH LICENSE |REGISTRATION |INSURANCE
Upon advice of attorney, Dale Gribow, I exercise my right to Remain Silent until you contact him at 760.837.7500 or dale@dalegribowlaw.com for his OK.
He advises the VOLUNTARY Field Sobriety Test (FST) & Breath Test, at the scene, are OPTIONAL (unless on probation).
Thus, I ELECT not to take them. I want to cooperate and take a BLOOD TEST.
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Warning: SILENCE is Golden. It’s not what you say, but what the police/ins. co thought you said. “They are NOT on your side; You are NOT in good hands and Your Friendly Neighbor will NOT give you a Piece of the Rock.”
Before talking/signing anything, get a FREE Strategy Analysis Consultation. You may not need a 5 Star Attorney. “If not retained, I will Direct you.” After 50 years I know the best lawyers.
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