Legal Question in Criminal Law in California

if i pressed domestic violence charges against my boyfriend can he now press charges on me for deflamation(sp) of character


Asked on 1/01/10, 4:00 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Nobody but the District Attorney can "press charges" against anyone. If you were a victim of domestic violence and reported it to the police, the would forward their reports to the DA, who would decide that criminal charges to file, if any.

You could also ask the court for a restraining order to keep him away from you, or you could sue him for injuries.

If it turned out you made a false police report, the District Attorney could charge you with a crime for that. Your boyfriend could possibly sue you for defamation, or damage to his reputation... but what is he going to get for his trouble? Unless you're wealthy, no lawyer is going to touch that case with a ten foot pole.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/06/10, 9:06 pm


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