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If you have been arrested or involved in a Domestic Violence situation it is imperative that you get legal advice as soon as possible.  Many times you will be arrested or questione and believe that you do not need the advice of an Attorney this is not true.  Domestic Violence cases are more involved than they appear. 

There is a misconception that if the alleged victim of domestic violence does not testify that somehow the case will be dismissed.  This may or may not be true and it depends upon the factual circumstances of the cases before the court.  

For example if there are independent witnesses to the alleged domestic violence incident, those witnesses can be called into court, and testify as to what they have witnessed.  

Also, any statements that the person alleged to have committed the domestic assault makes to law enforcement can be used agains the person that made the statement.  

Medical Records can be used to show there was an actuall injury and there could also be expert testimony.  

Has there been previous incidences of alleged domestic violence? if there has been previous incidences of domestic violence under some circumstances those can be 

As you can see it is very difficult to know exactly when a domestic violence case will be dismissed and depends on the factors listed above. 


If you have been arrested for domestic violence or a related charge.  You should call us immediately at 559441-1418.   When you are arrested for domestic violence you should know that even if it is a misdemeanor arrest the repurcutions could be big, including restraining orders, turning over guns, and you must be present at your court appearances even for a misdemeanor domestic violence case.  Usually, you can hire an Attorney to make all court appearances for you in a domestic violence case.  However, if you have been charged with domestic violence you must be personally present for your court appearances, at least the first court appearance.  Usually you will be served with a protective order at that appearance. 

As you can see you definitely need experienced legal counsel to help you through what could be a very difficult process.  


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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418