The equivalent of a simple bar fight certainly sounds like domestic violence to me... Simple assaults in relationships often turn ugly fast... If it was serious enough for the roommates to call the police, it is serious enough for the government to intervene. 2 physical fights in a year is not normal, nor is it the sign of a healthy relationship.there is strong public policy for this type of case to be prosecuted..
How do you have prosecutorial misconduct?
What rights have even violated? There are specific rights enumerated. None of them give you the right to stop the prosecution....
Victims don't have much say whether or not the case is prosecuted or not. You have separate complaining witnesses that the DA can prosecute with...they should provide you notice on the case..
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I am not licensed to practice in CA, but I agree wholeheartedly with the previous posters. I suggest that you contact a criminal defense attorney, and that you and your partner consider attending anger management counseling to try to work through your problems. I wish you the best of luck. Take care.
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