Last year my daughter's boyfriend Father to their child was released from prison for Home invasions and theft currently has two strikes. She moved out shortly after his release and he has been abusing her since. She has never made a call to the police. Three days ago she called me crying that he hit her so I called the local police department and he was arrested. I just found out 1 week prior to this incident my daughter had called 911 because the IDIOT choked her unconscious. I never know what he does until after the abuse is done. The IDIOT was recently released on bail with only a PC 243(E)(1) MISDEMEANOR violation two calls made for domestic violence. He is still on probation. Will he do time?
Family Law Attorney
You seem pretty perceptive about the nature of this guy. I have re-tagged the question for criminal experts. Please try and get your daughter into counseling and remain supportive of her. As much as you and I both would love to see her get a civil restraining order against him (as well as any criminal protective order); in reality, she has to be ready. Perhaps a domestic violence advocate could help her understand that abuse gets worse; without help, her life is at risk. Her custody of that child is at risk, too - be ready for a CPS investigation. Even though she is the victim, she has an obligation to protect that child from witnessing abuse - and that obligation must outweigh her fear. If your daughter loves her child and wants to raise her child, that boyfriend has to go, and she needs to apply for a retraining order and full custody. Good luck to you.
Administrative Law Lawyer
He could get up to one year on the DV case and they could revoke his probation on the other case and sentence him to state prison. Depending on the county, it is likely a conviction on the DV will send him to state prison because of the Probation violation, unless of course he is on Probation for a realignment case.
If he is on parole, he is definitely going to state prison.
Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Criminal Defense Attorney
I agree with Mr. Weinstein. If your daughter remains with this idiot she will be behaving idiotically as well as endangering herself and her children. The police should have offered her a criminal protective order from this guy. If she didn't accept it she made a poor decision.
Family Law Attorney
Ask the prosecutor.