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

Asked 9 months ago - Woodland Hills, CA

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)

  1. Angela M Berry-Jacoby

    Contributor Level 12

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    Lawyer agrees

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    Answered . 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.

  2. Wail Sarieh

    Pro

    Contributor Level 17

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    Lawyer agrees

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    Answered . 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... more
  3. Vikas Bajaj

    Contributor Level 11

    Answered . 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.

  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    Answered . 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... more
  5. Brian Russell Michaels

    Pro

    Contributor Level 16

    Answered . 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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