Legal Question in Criminal Law in California

falsely accused of domestic violence

I was recently involved with a female friend of mine in a dating relationship. We had only known each other approx. 2 months. I finally had enough of what I could see as a pattern of her lying to me and told her I was done with it all. I asked her to come over and get the last few things she had at my house for when she would stay over. In the process or helping her pack her remaining stuff, she attacked me from behind. I proceeded to dump her off of me in an almost automatic way as anyone would when getting jumped on from behind. She landed on the tile floor of the bathroom almost totally head first when I tossed her off forwards and then yelled to my neibors to call the police because I had hit her. I was incarcerated , not her, she had a warrant for her arrest and they didn't even care. Since then she has been filing false accusations that I have violated the restraining order when I havent. How do you fight false accusations when the courts deem you guilt til innocent.


Asked on 4/10/01, 1:09 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: falsely accused of domestic violence

Let me see if I can get the facts straight.

You were dating a crazy lady who got a restraining order against you (or maybe you got it against her). Then you decided to tell her you were breaking it off with her, and then for her to get her stuff from your apartment. You didn't bother setting a definite time for her to be there. That way you could have a witness there to break up any fights.

Then the police arrived, did their normal knee jerk reaction, and arrested you. After all you were bigger, stronger, and had not been very bright.

Nothing is new about this scenario.

So know you want help. And I don't blame you. Get a cool attorney that knows the problems with the criminal code on domestic physical abuse or violence.

These codes will be set forth in the criminal complaint you're handed at the arraignment.

You should be eligible for some classes on anger management and violent behavior. Keep your cool. Absolutely do not approach her and try to talk to her.

Seek legal representation. If you can't afford an attorney ask the court to have one appointed.

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Answered on 6/08/01, 5:27 pm


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