What is the de novo standard of review applied in a domestic violence case?
California, United States of America
The following excerpt is from People v. Pavlic, E059002 (Cal. App. 2014):
We apply the de novo standard of review since we are interpreting the law. (People v. Moncada (2012) 210 Cal.App.4th 1124, 1129.) Defendant was convicted of misdemeanor domestic battery. ( 243, subd. (e)(1).) A battery may be accomplished by "'"'the least touching.'"'" The touching does not need to be violent or severe. (People v. Colantuono (1994) 7 Cal.4th 206, 214, fn. 4.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the de novo standard of review applied in cases involving sexual assault cases? (California, United States of America)
In a domestic violence case, in what circumstances will the court allow a defendant to be found guilty of domestic violence? (California, United States of America)
In a domestic violence case, in what circumstances will a defense request to amend or amend the standard limiting instruction in an assault case? (California, United States of America)
What is the test for admitting past acts of domestic violence as propensity evidence in a current domestic violence case? (California, United States of America)
What is the impact of domestic violence on a defendant's ability to defend himself in a domestic violence case? (California, United States of America)
In a domestic violence case, in what circumstances will a defense request to amend or amend the standard limiting instruction in an assault case? (California, United States of America)
What is the test for making past domestic violence evidence in a domestic violence case? (California, United States of America)
What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)
Is there any case law where a defense counsel elicited testimony from a domestic violence victim about whether domestic violence victims lie? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
