Legal Question in Family Law in California

domestic abuse

Fri nite boy/girl friend (together one year) drinking, drinking in bar she gets flirtyw/ someone else he leaves, she walks home angry he left her, he comes home she begins to fights w/ him, he tries to tell her to go to bed, she continues begins spitting on him he hits door in anger, after she jumps on him he grabs her she claws him they fight she continues to spit in his face after the 15th time she spits on him he slaps her, her nose bleeds he leaves she runs to truck to stop him and begs him to stay, neighbors call cops, they show up he already left, complaint filed, she doesn't remember anything says too drunk to remember. He turns himself in when finds out cops looking for him Sat am. Mon He goes to police station wants to file complaint against her for assault told he can't do that and has to wait until he talks to arresting officer (thurs) he was never read his rights what about this? Can he file complaint againts her/assault/ abuse? Hes Never done anything like this before no history of abuse/anger issues,more from alcohol. both have drinking problem. He began AA mon.Doesn't want anything on his record afraid for his job, she is a school teacher. what are his rights since both drunk and at fault both fighting?


Asked on 8/14/07, 1:05 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: domestic abuse

If you were arrested and charged, you will need to raise the defense of mutual combat and self-defense. I highly doubt that she will get in trouble. The D.A.'s office doesn't usually charge the other party if they don't get a guilty verdict on the party who successfully defends himself.

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Answered on 8/14/07, 4:27 pm


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