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My husband was arrested for gbi for 7yr term. He has been out 2 yrs in june. Last Friday he hit me and I reported it for benifit

Fresno, CA |

Of my children. He is on high control porole how much time is he gonna get for this

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Attorney answers 2


Your question is confusing. You claim you reported your husband to law enforcement for "the benefit of your children". If your husband is a danger to you or your children, why have you chosen to live with him? If he is so much of a physical danger to you or your children such that you called law enforcement, why do care what happens to him? From the facts described, it's not possible to determine how much custody time he will get. He likely has strike(s) and probably prison prior(s) The incident with you is at a minimum going to be charged as a felony domestic violence. Obviously nobody on this forum knows what happened or whether your husband has any good defenses. What's clear is that if you didn't want your husband to go to prison, you shouldn't have called the police. If you called the police and provided a false police report, that is a misdemeanor under Cal. PC 148.5. If you told the truth then the matter is largely out of your hands though you have certain rights as a victim of domestic violence regarding punishments that would be imposed on you for refusing to testify. If you have more questions, you should contact a local criminal attorney for a consultation.



Ok we were drinking I was pushing and pushing when we already had enough going on. He hit me in the face. I filed a report so my girls know its not ok to be hit. I'm worried about him because this was a one time thing. Were not getting back together because I won't deal with it. But he is not a bad guy just has a lot of problems and had a hard life. Very hard life. I wasn't thinking of anything other than my kids at the time. But I don't think it right for him to do years of jail time for a busted lip. I think hell just come out worst. He needs classes and help. I just want to know about how much time he is gonna get. Already having a violent crime being on high control and hitting me

Vijay Dinakar

Vijay Dinakar


Unfortunately it's not for a victim to decide what happens to a perpetrator once a police report is filed by the victim. Your position is quite common: domestic violence victim calls police to "teach a lesson" to boyfriend/spouse then victim feels sorry for making complaint and doesn't want boyfriend/spouse to get jail time. You'll have to talk to an attorney and provide more specific details about his case to determine how much time he will get. Good luck


This could likely be a probation violation and he could get sentenced to the maximum of the original sentence, 7 years by what you're saying, in addition to any new charges he could be facing such as a new battery or whatnot.

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