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California domestic violence laws, how can a victim get charges dropped

Rancho Cucamonga, CA |

My husband and I had an arguement and he did hit me and was arrested that day and released the same day. The officers said they would take him to cool down. i called the arresting officer to have the charges dropped, but they still decided to file charges against him. the D.A. is offering him 15 days in jail and I really don't want that, we have three children and a mortgage and I am a stay at home mom, and we will lose everything if he goes to jail. I don't know what to do, and I don't know if there is anything that I can do to stop the D.a. from prosecuting him Plaeas help

Attorney Answers 1


First of all, this is a criminal law problem and you need to consult a criminal attorney or the public defender for advice. However, you might try calling the District Attorney and explaining your situation. The District Attorney's role is to protect you and the rest of the public from an abuser. If your husband does not get help it is likely his abuse will become worse. There are agencies to help battered wives in San Bernardino County CA. Call the Family Court Services Office in the Superior Court and ask for a referral to a battered wives assistance program. Call the National Domestic Violence Hotline at 1-800-799-SAFE to find specific resources in your area.

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Ruben Fuentes

Ruben Fuentes


Unfortunately, spousal abuse is not a simple issue. It involves more that just legal aspects. I volunteered for some short period of time in the Los Angeles Domestic Violence Project. What I saw there, most of the time, is that the victim only realizes that the perpetrator is not going to stop after being hit or sent to the hospital more than twice. Economic issues are just a few of them. Who is going to pay the mortgage, rent or put food on the table while the perpetrator is in jail, if the victim does not work or does not make enough money. A reasonable answer would be who is going to pay for your hospital bill or even your funeral if this almost always escalating situation continues, if kids are involved, who is going to take care of then while victim is in the hospital. Going back the original question, it is up to the DA to drop the charges even If you decide to drop the charges and decide not to cooperate with the DA. Having said that, If you ultimately decide that enough is enough and separate, at least get an Attorney who can guide you through a divorce that may at least get you back on your feet again. Take care.