Legal Question in Family Law in California
My friend allowed her boyfriend to physically discipline her daughter and this resulted in bruises being left on her body. Her daughters father found out, filed for, and was granted emergency custody. They have since been to court and she was given visitation until the next court date where the judge would give his ruling. My friend and her boyfriend share a child together, so she says she wont leave him, but my question is this...Why is he not in jail? I am told that her daughters father is pressing charges on her boyfriend, but this was 3 months ago! Does it really take this long to throw a child abuser in jail? The police have pictures, and they have already removed her from her mothers home. What more do they need?
1 Answer from Attorneys
Well, for starters they need an available prosecutor and a court date. A speedy trial is a right that belongs to the defendant. If the defendant waives that right, the case can take a long time, not years for a simple case like this, but easily months. Especially with courts that have overloaded case calendars packed with cases where the defendant refuses to waive a speedy trial.
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