Legal Question in Criminal Law in California

cops overreacted domestic violence

My husband was charged with corporal injury to a spouse (felony), corporal injury resulting in a traumatic condition (felony), terrorist threats (misdemeanor), and resisting (misdemeanor) as a result of an argument we had. Bail was around $120,000.

The only visible marks on me was a bruise as the result of the officer grabbing and pulling my arm. My husband never made any terrorist threats. I am not sure how they came up with the traumatic condition. The officers also drew their weapons as he was running away and threatened to shoot him.

Pictures of my arm were taken, and I gave a report. After getting the report my husband and I found that the officers falsified the report.

I have asked the District Attorney not to file charges against my husband. I would only be interested in filing a complaint against the officers if the DA decides to file against my husband.

Do we have any recourse against the officers for falsifying the report, threatening to shoot my husband, grabbing my arm and using the bruise they made for evidence, telling people in the community about the incident, and setting excessive bail?


Asked on 1/16/04, 12:03 am

1 Answer from Attorneys
George Woodworth Law Office of George Woodworth & Associates

Re: cops overreacted domestic violence

Over 27 years of practicing law has taught me that it is not wise to divide your energy and focus on serious matters like this. You should first focus on defeating the criminal charges against your husband, & not in bringing a charge against the police. First things first! Prove that the charges are bogus, and then you will have your basis for seeking justice for the false report filed by the cops. You may contact me to discuss this, (562) 929-7422.

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Answered on 1/16/04, 12:58 am


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