What is the test for showing a defendant's propensity to commit acts of domestic violence?
California, United States of America
The following excerpt is from People v. Avant, H035941 (Cal. App. 2012):
In this case, the court properly found that the evidence of defendant's prior act of domestic violence was very probative of his propensity to engage in acts of domestic violence. Defendant was charged with committing domestic violence against a female cohabitant, and the evidence showed that he had engaged in at least one prior act of domestic violence with a female family member or member of his household during the time he was cohabitating with her, thereby showing his propensity for violence against female cohabitants. (Compare People v. Ogle, supra, 185 Cal.App.4th at p. 1144 [act of stalking was admissible to show propensity or predisposition to commit criminal threats],
Page 14
with People v. Earle (2009) 172 Cal.App.4th 372, 397-400 [act of indecent exposure was not admissible to show propensity or predisposition to commit sexual assault].)
"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.
