Can evidence of domestic violence be introduced in a criminal action?

California, United States of America


The following excerpt is from People v. Maldonado, A134796 (Cal. App. 2014):

"Evidence Code section 1109 allows the introduction of evidence of defendant's commission of prior acts of domestic violence in a criminal action charging defendant with an offense involving domestic violence." (People v. Poplar (1999) 70 Cal.App.4th 1129, 1138.) Subject to certain exceptions not applicable here, Evidence Code section 1109 provides "in a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant's commission of other domestic violence is not made inadmissible by [Evidence Code] Section 1101 if the evidence is not inadmissible pursuant to [Evidence Code] Section 352." (Evid. Code, 1109, subd. (a)(1).)

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