My boyfriend got arrested for Domestic Violence for beating me up and threating to kill infront of our 1yr old son. He's currently out on bail and is pendng a court date. This is not the first time this has happen. Last time he threw me out of his truck, I called the police but he was never arrested and the DA rejected the case because they were no witnesses. I really don't want him to get away with it again. I have a permanent restrainng order against him and I have full custody of our child. The detective told me he will most likely be charge with battery on a spouse and child endangerment. So my question is, will I get a chance to tell the complete story in court?
DA may prosecute or not, Subject to the rules of evidence, DA may have you testify, and will likely help you organize your story for the best presentation of HIS case before the jury.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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Family Law Attorney
Since this is a criminal case it is up to the DA if they want you to testify or not. The DA could plead your husband out, in which case there won't be a trial.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
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Should the DA choose to take this case to trial, it is likely that you will be asked to testify because you are the victim in the case and you have the details of the incident. As previously mentioned, if the DA chooses to make an offer and your boyfriend pleads then you will not testify. Additionally, the court may give an indicated sentence that is acceptable to your boyfriend and he may enter a plea as charged without risking a trial.
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