Legal Question in Criminal Law in California

Re: Spousal abuse

Thank you for your question, and for the opportunity to both help and advise you further.

If they believe that a crime has been committed, and they can prove the crime, the district attorney has a duty to bring the case within the statute of limitations. The statute of limitations, in turn, depends on whether the injuries or other facts make it a felony, or a misdemeanor, case.

I hope this helps, but if you have additional information, have other questions, or would like legal representation, please feel free to email me directly at [email protected]. It's my pleasure to help you in any way that I can, and thanks again.

Re: Spousal abuse

Once a police report is filed, DA's will pursue over the objection of the victim, now turned 'in love and sorry she called the cops' spouse.

Re: Spousal abuse

The D.A. is never required to pursue a case and, due to limited resources, must let many go. The victim's wishes never control the D.A.'s decision, but will usually influence them -- *except* in domestic violence cases.

If the D.A. believes the accused is guilty and the evidence is sufficient, he will pursue the case regardless of what the victim wants. After all, if the decision were the victim's to make most abused spouses would be further injured or killed unless they dropped the charges.