California mandates arrests whenever there are any signs of physical violence between domestic parties. California does not have a Domestic Assault law. California charges Domestic Violence crimes as Corporal Injury (273.5), Spousal Battery (243e1) or Assault with a Deadly Weapon if no one was actually struck.
If a weapon was used, they will charge your partner with 273.5, which is almost always a felony (but can in certain instances be a misdemeanor).
The District Attorney's Office decides if charges will be filed. Even if you do not want to press charges, the Los Angeles County DA's Office will press forward with the case. Even if you refuse to testify, they will try to press forward with their case using the admissions from the defendant to the police, independent witness testimony and other methods.
This is my Domestic Violence legal guide: http://www.sethweinsteinlaw.com/crimes/domestic-violence/domestic-violence-legal-guide/
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.
The DA's office will determine whether or not charges will be filed and, frankly, they will do so with or without your input. These days a retraction by the complainant and/or alleged victim no longer means the case cannot proceed. You should be prepared for the case to go forward and you should consider retaining counsel should your partner wish to fight what will most likely be felony charges if he has priors.
You must also be careful about charges if you claim the police report is inaccurate. That could lead to a filing false police report against you.
All in all, prepare to do battle here. If you wish to discuss the matter further, call me at 213-324-4206.
The police decide whether to arrest. The district attorney decides whether to go forward with the charges. Your partner's attorney will determine if a valid mutual combat defense exists. You can consult your own attorney about the consequences of invoking your 5th Amendment rights at your partner's trial.
Regardless, counseling is needed. Here is a description of the sort of help you can get and where:
Alternatives To Violence
6621 E. Pacific Coast Highway #220
Long Beach, CA 90803
TEL 562 493-1161
FAX 562 596-6443
ATV is a non-residential counseling program in Long Beach and West Los Angeles for the survivors and perpetrators of abuse as well as other victims of crime and trauma.Services include community education as well as professional training programs on such topics as:
Clinical work with battered women
Clinical work with abusers
Negotiating anger in the workplace
Assessment of dangerousness
Violence in gay and lesbian relationships
Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.
The prosecutor will determine whether or not to file charges. Domestic violence cases are among the most aggressively prosecuted cases in the United States. This is because of the backlash from the OJ Simpson trial which assisted in creating a number of special interest groups committed to fighting domestic violence. Those groups provide a substantial amount of funding for political campaigns. Today, there are strict procedures that law enforcement must follow when they respond to a domestic violence call. Moreover, law enforcement officers follow a strict agenda that more often than not requires an arrest. Prosecutors rarely reject a case.
Until recently prosecutors forced the victims to testify. Today, victims have rights that keep them from taking the stand. However, many prosecutors trample on the rights of victims that are not represented by an attorney.
So, yes your partner will be prosecuted. In addition, your partner will likely to be given a stay away order from you for a period of three years. Violating that order may have severe consequences.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I suggest that both you and your partner hire criminal attorneys. Your partner obviously needs an attorney to fight his criminal allegation, you need an attorney to represent you interests (that this case not be prosecuted) and your rights (which are jeopardized because it sounds like you may have filed a false police report which is a misdemeanor. Prosecutors like to pretend they fight for victims, domestic violence give lie to that nonsense. Many prosecutors would love to jail domestic violence complainants for not cooperating or refusing to testify, though thankfully that does not happen anymore but you need an attorney to represent your interests (the police, DA, Judge, and "victim's right advocate" all want your partner convicted and jailed. Best of luck.
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