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Can I get a domestic violence conviction overturned? With the help of the one who filed without admitting she lied?

Los Angeles, CA |

I have gotten convicted for domestic violence based on lies. My girlfriend admits it was all lies but family driven. She is trying to help me clear everything up, like the fines, classes, worst I have a past criminal History (no Violence) that in months would have been able to try for sealing for work reasons. Is there a way to do so with out her getting into legal trouble?

Attorney Answers 4

Posted

I do not think one can give a specific answer to u=your question. Whether or not to arrest some one and whether or not to file charges are matters of discretion vested in the cops and DA. So, best answer is that it is possible she may or may not be arrested and may or may not be prosecuted.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

Well the DV decision is final and the courts will not overturn a decision based on the victims recanting as there are hundreds of cases where the victim recants. So I think it is doubtful. See an attorney for a consult and bring GF along.

This answer is not intended to give you any legal advice as the information provided by you is insufficient to provide any legal advice. You must seek the services of a qualified and experienced attorney before acting on any advice from this website or any other place. Please call my office for a Free Initial Consultation by calling (909) 481-5350.

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Posted

You need a personal consultation. What you're trying to do this very complex.


henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

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Posted

Unfortunately, prosecutors hear these "recanting" girlfriend/wife stories on such a regular basis that it seems they have become immune to them.
In addition, your girlfriend runs the risk of being prosecuted for perjury; a serious offense. Is she aware of that? It's unlikely and uncommon but it could happen.
Consult with an attorney to get more details on alternative options.

Attorney Ghatan has been licensed to practice since 2001. She practices criminal defense and personal injury in Los Angeles, Orange, Ventura and San Bernardino counties. For a free legal consulation, please call toll-free 888-704-9777. **Please be advised: the information presented in the above forum is not intended, nor should it be construed , as any form of legal advice for any specific matter. In addition, there is no attorney-client relationship created as a result of a posted response to a query.**

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