Legal Question in Family Law in California

Re: Domestic /violence

The abused spouse is not prosecuting the case. The State of California is prosecuting the case. Once the charges have been brought, the abused spouse has no power to dismiss the case. However, in reality, if the case hinges on that abused spouse's testimony, and that spouse is unavailable for trial (and they made no other sworn statements to the police or District Attorney), the case will be dismissed for lack of evidence.

Re: Domestic /violence

Dear Inquirer:

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relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; hover, I would

say probably yes, under the criminal statutes.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.