Legal Question in Family Law in California
Domestic Vilolence
Im charged with assult and battery (pc 242, pc 245(a)(1)(misdemeanor)on my wife and 19 year old daughter. It was just some pushing and shoving and no one was hurt. I was arrested under a misdemeaner and spent two days in jail because they changed the incident to a felony. When I posted bail it was reduced back to a misdemeaner. I go to court next month and my question is Should I get a laywer?
If I plead guilty or innocent what can I expect? What can I do to prepare for court?
By the way my wife and I are back together working things out.
3 Answers from Attorneys
Reply: Domestic Vilolence
If you are convicted of domestic violence, it could profoundly effect you should you and your wife get divorced. It could be a factor in increasing your spousal support obligation, and could effect custody and visitation if you had minor children.
I suggest that you consult with a criminal law expert and defend these charges tot he best of your ability.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Domestic Vilolence
The aswer to your answer is a resounding ABSOLUTELY YES!!!
Not only is your liberty at stake but also your entire future relationship and visitation with your children. Additionally, there may be consequences regarding spousal and child support.
Your characterization of the incident as being "just some pushing and shoving" will not resonate well with the court.
Do yourself a big favor - retain an attorney.
Damian Nolan.
Re: Domestic Vilolence
Shoving and pushing is sufficient conduct to support a finding of guilty for battery. You should definitely retain an attorney to represent you in this matter. Pleading not guilty is the usual procedure followed in these cases. Pleading guilty could have serious future consequences.
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