Q: I was charged for a DV that happened outside of the municipality.

I signed a SOC that listed the municipality incorrectly. I'm trying to attack the SOC. Shouldn't the court need juristriction to approve the SOC.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you were charged for a domestic violence incident that happened outside of the municipality, and the Stipulation of Compromise (SOC) lists the incorrect municipality, you have grounds to challenge it. The court needs proper jurisdiction to approve and enforce legal agreements, including an SOC.

First, you should verify the jurisdictional requirements for the court that approved the SOC. If the incident occurred outside the stated municipality, the court might lack the authority to enforce the SOC. Gather all relevant documents, including the original SOC and any evidence showing where the incident actually occurred.

Next, present this information to the court to challenge the validity of the SOC. Explain the jurisdictional issue and how it affects the court's authority over your case. This could potentially invalidate the SOC or lead to a revision that accurately reflects the correct jurisdiction. Consulting with a legal professional can help you navigate this process and ensure your challenge is appropriately addressed.

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