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What is the process of DV misdemeanor in CA? Husband was not present to be arrested.

Woodland Hills, CA |
Filed under: Domestic violence

I called police due to husband spitting in my face, he's done it many times and refuses anger management classes. This was the first time I've ever called. I filed a report and they said a detective would contact me if they choose to pursue it. Which they CA always convicts. I didn't realize how severe the punishment would be, I just wanted him to take me seriously and stop.

Attorney Answers 5

Posted

In California, the domestic violence statute, PC 273.5, requires "corporal injury". That has been interpreted through case law as an observable mark. So, that will not be the charge for spitting. However, he could be charged with battery. But, since there is no "evidence" of injury and i'm assuming no damaging 911 call, i probably will not be filed.

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Asker

Posted

I only know of 911. So yes I used that number. Does that mean it's absolutely a major offense now??

Angela M Berry-Jacoby

Angela M Berry-Jacoby

Posted

If you sound totally hysterical or a real danger is otherwise perceived on the 911 call, then it may be pursued. I think it is unlikely though.

Posted

why don't you file a restraining order in family court instead?

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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Posted

I never thought that a restraining order would be needed.

Posted

I suggest you call the Victim's Advocate at the prosecution's office and inquire. A great place to start for someone in your position.

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Posted

Get a restraining order for peaceful contact, it may not be criminal but it is certainly harassment. I wish you the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

Generally once a complaint is generated it is then up to law enforcement as to whether or not you have described enough facts to warrant an arrest. Spitting can be a straight battery or possibly DV, either of which are misdemeanors. Once he is picked up he will be arraigned and then presumably, if he has counsel, there will be negotiations. Its impossible, without looking at the charging documents to tell you what his exposure will be. Misdemeanor DV with no serious injury and no priors usually draws nominal if not no jail at all. DV conviction also involves a lengthy class, protective order and fine. If you have more information many of us offer free consults including my firm.

Brian Michaels
Los Angeles Defense Attorney
www.exlaprosecutor.com
3109919179

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