While trying to call 911 of verbal and now physical fight with my husband he yanked out 2 phone is that against the law ?

Asked over 5 years ago - Rohnert Park, CA

married 16 yrs and my husband has numerous arrests for battery and assault charges on me and spent lots of time in jail because of it. 2 weeks ago we had another altercation where he ripped out 1 phone to keep me from calling 911 and i got the other phone and he bent my right arm backyards trying to get me to release the other phone in my left hand which finally the back cover that covers the battery came off so i used that to hit him in the face to let go of me, when police arrived they took me to jail because he had a little blood on his face and told all kinds of lies and was able to get a restraining order now keeping me from my home and girls, my girls are frantic and want away from him to be with me, what can i do until the hearing in 2 weeks?

Additional information

they say if i even get caught sending a text message i could go back to jail.and i am the one who called 911 but this officer deceided he would believe all my husbands lies even with his violent record of domestic abuse, i hit him on the face with the plastic piece from the back of the phone, at the hearing in 2 weeks the papers he served on me he is trying to get full custody and have me permanently out of our home just like that, my whole life is in that place, has anyone ever heard of this before. he also told them i am a danger to my kids and might kidnap them and that he is afraid of me. total lies, and i have secretly been getting and sendin g messages from my daughter everyday, they are so mad and reallly upset and want me with them so bad, my father has hired an attorney and also at this moment he put in a couple bids on a couple of condos so i have a place to take my girls after the hearing , which i better be granted them back. can anyone help me or give me advice and a compulsive habitual liar

Attorney answers (2)

  1. Brian Richard Dinday

    Contributor Level 16

    Answered . Wow, what a travesty. Yours is the kind of story that makes my blood boil. You have two cases and I am going to address the criminal case first. It is unclear which case the lawyer your dad is getting is working on. Is the criminal court appearance coming up the FIRST one you will have? Has a lawyer already been appointed to represent you in the criminal case? I am asking because if you have not made your FIRST criminal court appearance yet, you have probably NOT been charged by the D.A. yet. That means that a lawyer can be very helpful to convince the D.A. NOT to file charges, if you act fast. All he has to do is convince the D.A. that it is your husband who has the history of abuse and that this is all a cynical strategy. With the criminal case dropped, you will do much better in the custody case.

    And by the way, you sound like an excellent candidate to get a petition for factual innocence granted, which will totally clear your record, including physically destroying the arrest record once the charges are dismissed (as I believe they will be.)

    I do practice in Sonoma County, and do both domestic violence defense and expungements. So if you want a free consultation, please feel free to call. DO NOT plead guilty to anything to resolve the criminal case. Fight it. Your case is a great example of the rash (epidemic) of false domestic violence cases that are sweeping this state. It is a gamer's paradise, unfortunately. You can read more about domestic violence scams like your hubby is running at

    http://lawyer-domestic-violence.com/domestic_vi...

    and at:

    http://lawyer-domestic-violence.com/results.htm

    Good luck.

  2. Annette L Goudy

    Contributor Level 15

    Answered . You need to find an attorney immediately. Your actions are self defense, which means they are not "domestic violence". I would also consider filing your own TRO against him for the incident. Are there any witnesses? You should call an attorney and hire one to represent you against the TRO and get a restraining order protecting you and your children. You ARE VIOLATING the TRO by texting either your husband and probably your children. If there are criminal charges pending against you, the hearing in 2 weeks will likely be continued to protect your right against self incrimination.

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