Legal Question in Criminal Law in California
prosecuting for spousal abuse
I was intentionally pushed by my spouse, resulting in a fx. wrist that required surgury. He was not arrested at the time of injury. The DA has not received my case yet. What are my rights and what can i do to ensure he is prosecuted fully?
3 Answers from Attorneys
Re: prosecuting for spousal abuse
YOU CAN KEEP CALLING. Or you can hire an attorney to pursue your interests and get it filed. IF THAT IS YOUR GOAL GIVE US A CALL. LARRY WOLF 310 277 1707
Re: prosecuting for spousal abuse
from the facts given thus far, if you filed a police report and the DA is reviewing your case, you may have to just be patient and wait for the DA's determination and a finding of probable cause to prosecute your spouse. in the meantime, you might want to gather and document as much evidence to this incident as you can to present to the DA to help assist finding such probable cause and prosecuting your spouse to the full extent of the law. however, you may also have civil remedies available to you as well since your spouse's conduct was intentional. if you would like more information on civil and/or criminal remedies available to you, feel free to contact my office directly for further assistance with your case. [email protected]
Re: prosecuting for spousal abuse
Call the D.A. office in your area and ask who is the filing D.A. They may be assigned based on the type of case. However, try to determine who has been or will be assigned to your case. If they don't know yet, ask when to call back. Write a detailed letter to the filing D.A. to explain the incident and why you believe the most vigorous prosecution should be pursued. Be fact oriented and be sure to include your contact details. Upon review of the police report and your letter, the filing D.A. will determine the appropriate charges. If you disagree with the charges filed, you may ask to speak with a supervising D.A. Contact a personal injury attorney to determine whether you can pursue a civil claim for the damage done to you.
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