Legal Question in Criminal Law in California

Domestic violence

My girlfriend and i had an argument and it led to her scratching my face.She was arrested and put in jail.She was bailed out by family.She had broken her probation violation by this battery charge.Her uncle is her lawyer and is telling her to plea innocent.She had court 1 week ago. Someone asked for a continuence for the next month.Judge placed a restraining order on th courts behalf.We cant talk or work anything out in this situation? What can i do to help her not go to jail? She tells me that i should go to court and admitt it was my verbal and mental abuse that led her to di this to me. Should i go?


Asked on 1/30/03, 1:58 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Domestic violence

If you want to admit to criminal conduct and abuse, I guess you could, but it doesn't sound like a good plan to me. Instead, tell the DA you don't wish to prosecute, don't want to testify, and want to reconcile. They need to drop the restraining order.

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Answered on 1/31/03, 2:05 pm
Michael Troy Attorney at Law

Re: Domestic violence

Typically, courts will impose the restraining order to ensure the "victim" is protected. The courts, and the D.A., are quite accustomed to the "vitim" saying it was their fault in order to minimize any possible punishment. You should not communicate directly with your girlfriend until this matter is resolved. Only do so via her attorney. She has two problems right now. First, the pending charges. You can help her by writing a letter on her behalf. It is also very helpful for others who know her, teachers, employers, family, to write letters on her behalf. Talk to her attorney first. Such letters should be given to her attorney so that he may use them to persuade the D.A. to reduce or dismiss the charges. Second problem is the probation violation. Her situation depends on the offense for which she was on probation. If a similar offense to this one, it will be more difficult for her. If the current charges are dismissed, there is no violation. However, if the D.A. stands firm on the new charges, the letters will help to persuade them to perhaps allow her probation to simply be reinstated in view of whatever new penalty they want. There are no simple answers. If you genuinely want to help, do so only with the guidance of her attorney. Otherwise, you will only make things more difficult for him.

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Answered on 1/31/03, 1:08 am


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