If my rights were without a doubt violated under Marsy's Law, what do I do? I would actually like the case that I am a victim in

Asked over 1 year ago - Long Beach, CA

thrown out. Because me and my partner have been together for over a year and we had 2 fights nothing major no injuries neither of us called the police the roommate's did on both occasions. Domestic Assault or Violence I remember it was a repetitive abusive act started by an argument or not. what me and my partner was involved in was the equivalent of a simple bar fight.
So my question is - can I have this case dismissed due to prosecutor misconduct
or do I have to hire an atty to protect and renew my rights?
Or what are my options at this point?

Attorney answers (2)

  1. Kelvin P. Green

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The equivalent of a simple bar fight certainly sounds like domestic violence to me... Simple assaults in relationships often turn ugly fast... If it was serious enough for the roommates to call the police, it is serious enough for the government to intervene. 2 physical fights in a year is not normal, nor is it the sign of a healthy relationship.there is strong public policy for this type of case to be prosecuted..

    How do you have prosecutorial misconduct?

    What rights have even violated? There are specific rights enumerated. None of them give you the right to stop the prosecution....

    Victims don't have much say whether or not the case is prosecuted or not. You have separate complaining witnesses that the DA can prosecute with...they should provide you notice on the case..

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  2. Mickey David Larson

    Contributor Level 14

    Answered . I am not licensed to practice in CA, but I agree wholeheartedly with the previous posters. I suggest that you contact a criminal defense attorney, and that you and your partner consider attending anger management counseling to try to work through your problems. I wish you the best of luck. Take care.

    My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship,... more
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