stories will most likely contradict based on what I heard from the arresting officer. i left marks. no one saw who started it. kids did see the last part
The DA doesn't represent the accuser - they file criminal charges on behalf of "The People" and not on behalf of an individual. If they believe there is sufficient evidence to file charges based on the police reports they receive, they'll file charges against you.
Your arraignment is but the first step in the process, but several things can happen at arraignment.
First, you're officially told of the charges filed against you and enter a plea (you would plead NOT guilty). They will then set your next court date.
The judge will also address three important things:
A restraining order could be issued against you, effectively kicking you out of your house and prohibiting any contact between you and your wife and potentially your kids.
The judge could set bail and take you into custody until you post bail (unless you've already posted bail in the amount the judge sets).
Trial. You have a right to a trial on a misdemeanor within 45 days if you're out of custody at the time of your arraignment. If this is filed as a felony, you have a right to a preliminary hearing within 10 court days from arraignment.
Because important things happen at arraignment and because you will need an attorney to represent you during this case anyway, use your time between now and your arraignment date to find an attorney to be with you at arraignment and for the duration of the case.
In the mean time, do NOT make any statements about this except when discussing with your lawyer in private. NO texts, NO emails, NO calls, NO social media.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
The DA represents the state, not the alleged victim. The worst that can happen in a DV case is that you are convicted, serve jail time and lose your firearms rights for the remainder of your life. Hire a lawyer.
Mr. Dane's answer is spot on. the DA represents the people of the state of California and if they think the crime occurred they may proceed with the case against you. Lawyer up ASAP.
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