Evidence Code § 1109 – How to Exclude Prior Domestic Violence?

In every domestic violence case, it is wise for an attorney to ask the client if the he or she and the victim had any other contact with police over alleged domestic violence. This is so because, even though the prior contact may not have led to an arrest or a criminal case, the prosecution may seek to introduce such evidence under Evidence Code § 1109 to show a jury defendant’s “propensity” to act a certain way and thus make it more likely that he or she acted similarly in the present pending matter. To read more about this provision under the law, please click on the following link.


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