Controversial actor and director, Mel Gibson is at the center of a new scandal involving his ex-girlfriend and mother of his child, Oksana Grigorieva. According to reports, Grigorieva obtained a domestic violence restraining order against the Malibu based mega-star in late June.
The restraining order was was issued by a Los Angeles County Superior Court judge at an emergency hearing after being to told by Grigorieva's attorneys that Gibson had been "extremely violent" towards her.
The restraining order originally mandated that Gibson have no contact with his ex-girlfriend who now resides in Sherman Oaks. The order has since been modified to allow Gibson to visit his daughter.
According to the website TMZ in the article, Oksana Alleges Violence Against Mel Gibson, an associate of Gibson has stated that the allegations of abuse, which reportedly occurred in January were not true.
Not surprisingly, it has been reported that Mr. Gibson has since obtained a restraining order against Ms. Grigorieva.
Though there is no indication that Gibson is facing criminal charges at this time, often times, when one is being charged with the crime of Domestic Violence for violating California Penal Code Section 243(e)(1), a restraining order will have been obtained by the alleged victim prior to criminal proceedings at a civil hearing before a family court judge. The order must be served on the accused abuser and can be challenged within a proscribed statutory period.
After criminal charges are filed in a Domestic Violence case in California, a judge will issue a new restraining order for the accused to stay away from and not annoy, threaten or harass the alleged victim at the first appearance in criminal court known as the arraignment. The alleged victim does have the option of asking the judge not to issue a restraining. In such a case, the alleged victim must make this request in person.
Generally, when one is convicted of committing Domestic Violence, which is "any willful infliction of force or violence upon your intimate partner," the court in Los Angeles or any other jurisdiction in California can impose prison or jail time and will often order the defendant to take part in a one year domestic violence prevention course.
A Domestic Violence charge can be based on physical evidence such as bodily injury or it can be based on a mere accusation, as an "offensive touching" of another will suffice to substantiate the charge. In some cases, an alleged victim will claim that an act of Domestic Violence has taken place by reporting it to the police and later recant. However, at that point it is usually too late. Once the case is in the hands of the District Attorney or City Attorney's office, the prosecutor will go forward with the case regardless of whether the alleged victim wants them to or not.
In any California Domestic Violence case, it is important for the defendant to have an experienced criminal defense attorney on their side. In a trial involving Domestic Violence, the ultimate verdict will often turn on whether or not the jury finds the alleged victim to be credible. Los Angeles Criminal Defense Attorney, Daniel E. Kann has successfully achieved not guilty verdicts for his clients at trials involving charges of Domestic Violence by way of humanizing his client in front of the jury and by seriously calling into question the credibility of the accuser thereby raising a reasonable doubt in the jury's mind that the crime ever occurred.
It has also been claimed that audio tapes have emerged on which Gibson can be heard making derogatory comments to his ex including threatening to burn her house down. The tapes are currently under seal pursuant to a custody proceedings in Los Angeles Superior Court. If true, under California law, such a threat would be considered a "Terrorist Threat."
California Penal Code Section 422 describes the crime of Terrorist Threat as "a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened."
This charge can be filed as a misdemeanor or a felony. When charged as a misdemeanor, the court can impose a sentence of up to one year in county jail. When charged as a felony, the court can impose a sentence of up to three years in state prison in the California Department of Corrections. As a felony, the crime of Terrorist Threat is now considered a strike under California's Three Strikes law. Under this law, if someone is convicted of three felony "Strike" offenses, they can be sentenced to a term of 25 years to life in prison.
As with the charge of Domestic Violence, charges of Terrorist Threat can be filed based on a mere accusation by the alleged victim and the outcome of a jury trial can hinge on whether or not the jury finds the accuser believable. Therefore, it is important to have an experienced California criminal defense attorney on your side when facing a charge of Terrorist Threat.
If you or someone you care about have been arrested for Domestic Violence or Terrorist Threat in Los Angeles, Riverside, Kern, or Ventura Counties your rights may be at stake. Call the Law Offices of Daniel E. Kann, a Southern California Criminal Defense firm for a free consultation.
