Will I get a chance to testify for Domestic Violence?

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?

Los Angeles, CA -

Attorney Answers (3)

Answered

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.

Margaret Davalene Wilson

Margaret Davalene Wilson

Family Law Attorney - Granada Hills, CA
Answered

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... more
Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Tax Lawyer - Long Beach, CA
Answered

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... more

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