Legal Question in Family Law in California

Re: physical abuse

You do not have the choice of whether the case proceeds. That choice is in the hands of th district attorney. Most counties take domestic violence charges very seriously and seldom dismiss these cases. Once the police become involved you lose control over the situation. Further in most cases domestic violence escalates unless there is counseling of the violent party.

Re: physical abuse

The police and DA will tell you that you have no control over whether charges are filed or dropped, and that dropping the charges is at their discretion. But, in reality, if they are not going to have a credible witness at trial, it is unlikely they will proceed with the case, at least all the way to trial, although I have seen them wait until the day of trial to announce they were dismissing the case. I am confused by what you mean by "we are not allowed to talk to each other." First of all, a court cannot legally make such an order as that would violate your first amendment right to free speech. You could probably get such an order overturned. If the DA or police told you that, you can ignore them.