Legal Question in Criminal Law in California

My husband was arrested last Thursday, 12/24/09, for domestic violence. He pushed me and my left knee injured. I went to a clinic to get my knee checked up and I told them it was caused by my husband. I told them do not call the police since it was no big deal, but Clinic staff called the police anyway. The officer issued me an emergency restraining order effective through 12/31/09 5 PM. He got bailed out on 12/25/09 and paid $5000 to a bail bond company. Right now I'm in deep trouble. I have to stay in a hotel until the retraining order has expired, and my husband my ask me for the bail out money back.

what should I do? What kind of charges will be pressed on my husband? How can he get away from this? Please help.


Asked on 12/27/09, 11:23 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

He won't 'get away with this' if you contact the DA and express your desire he be prosecuted, if that is your intent, and confirm you want the restraining orders extended. They may tell you that you have to get your own civil restraining order. The court clerk's office has a form package you can use to get one.

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Answered on 1/04/10, 10:16 am
Gary Polston The Law Office of Gary M. Polston

Once a Domestic Violence complaint has been filed, it is hard to stop the criminal prosecution, even if there has been a change of heart on behalf of the injured party. You and your husband should quickly consult an attorney in your area.

While he probably can't get away from the charges, you both can work to minimize the damages and rebuild your relationship.

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Answered on 1/04/10, 10:28 am


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