Legal Question in Family Law in California

family argument, , police charge fincee with assault and battery

After an argument with my fincee the police showed up at our home, I explained we had only had an argument and that I didn't want to file any kind of report. They insisted on some information names ect., I had tripped on my way back into the house that night and had a scrap on my leg, they wanted me to say it was domestic violence. I told them what had happened, and that it was not domestic voilence.

It has now come to our attention that they have issued a warrent for my fincee for assault and battery and listed myself as the complaintent! How do we now go about taking care of this, was it legal for them to do this? What recourse so I have?


Asked on 11/10/00, 4:46 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: family argument, , police charge fincee with assault and battery

The police and DA's in these types of cases are very used to the victim's of Domestic Violence trying to protect the person who did the violence and therefore usually act in accordance with this premise. If charges are filed against your fiance for Domestic Violence and he is arrested the Bail is ordinarily 10k and it is a Felony. Your fiance will need an attorney, however if you continue telling the truth as to what happened it is highly doubtful that the DA will continue the prosecution. That cannot be guarenteed!!

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Answered on 11/20/00, 7:55 am


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