Legal Question in Family Law in California
Will they prosecute?
I called 911 on my boyfriend and claimed he slapped me and pushed me up against a wall on Dec. 29th.The police came and I showed them a scratch and claimed it was from him slapping me. The next day I could not believe they actually had taken me seriously, I was severely intoxicated at the time of the call.I am not a drinker but had gotten off work early at 2pm and was drinking beer and tequila, so by 11:30 I was wasted. My boyfriend and I did get into a verbal arguement but he never touched me, I just wanted PD to get him out of the house because I was mad.I thought he had taken my cell phone,which I found later in my bathroom where I had left it. The detective said she had to give the case to the City Attourney. I need to know what to do to get this case dropped. Is is possible? I feel terrible, and I may have my boyfriend in deep trouble for nothing. We both have priors. Both professional and employed. The scratch probably happened in a bar room scuffle. I did go down to show it to the detective and told showed her how miniscule it was AND he has practically no nails.(short) Will they go after him and prosecute like he thinks? it is a misdemeanor. BTW: I did not tell the detective this, but I was the violent one that night.
2 Answers from Attorneys
Re: Will they prosecute?
They will prosecute. Allegations of domestic violence are taken very seriously by law enforcement and the district attorney's office. Abuse of the laws against domestic violence such as this are all to common.
Re: Will they prosecute?
If you get a good prosecutor they will prosecute him for domestic violence or you for lying to a police officer and domestice violence or they could prosecute both of you. In his trial you will have to explain which time you were lying. Looks like the case against you is open and shut. Pat McCrary
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