Legal Question in Family Law in California
Hello my name is Erica and I was wondering if you can give me advice on how to fight a domestic violence case that my husband has... We got into a stupid fight that just got a little out of hand there wasn't any major damage or harm done to either of use just a scratches... He is my a violence person we have been married for five years and this is the first time something like this has ever happen... I bailed him out and we are going to start married therapy what else can we do to get this case dropped
1 Answer from Attorneys
This can be a real mess. The DA does not need you to cooperate when going after your husband for domestic violence. However, it is easier when you do cooperate. Generally, when Law Enforcement comes out to the incident they also take the report including pictures of the victim. If they took pictures than along with their testimony, he is pretty much up a creek. However, if they did not take pictures then only their testimony will work and sometimes they do not have an independent recollection of the events. If they did not pictures and their testimony is weak and you refuse to testify then there is very little evidence against your husband.
I know that is a lot of if's. However, talk to your husband's attorney or public defender and see if they can work with the DA and get some kind of deal.
If you would like to consult with our office please contact us through our website at www.brianmcginitylaw.com .
Good luck
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