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  1. #1
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    Default Pretrial Coming Up for Domestic Violence

    My question involves criminal law for the state of: California

    I'll try and give a short version of this story. One night my gf and I (after both drinking a bit) got into an argument because she once again thought I was cheating/doing something behind her back, words were thrown back and forth and eventually I pulled her out of my car when I drove her back home because it was going nowhere and I simply wanted her to go home.

    She began punching/beating the top of my car to the point where there are dents in it, I had pushed away at her arms telling her to stop. She pulled at my shirt, breaking off 2 of the buttons and slapped me in the face at some point. At this point I sort of lost it and grabbed her and we both fell to the ground with me ending up on top. She ran to the neighbors who had just stepped outside and told them to call the police and I was taken in.

    I was able to leave city jail on my own recognizance, on the condition that I attend a few DV classes (at least 2 before my 1st pretrial which was a few weeks back) and abide by a Restraining Order.

    To my knowledge, the gf is not pressing charges, does not intend to show up to court to testify and didn't want the RO in place but I understand that it matters little because the DA is the one who will pursue this case.

    My pretrial was pushed to another date which is coming up in 2 days, because my public defender requested time to review evidence submitted by the prosecution (photos taken that night) and I am just wondering what the best to expect of this situation would be. I have a public defender on this case because I am a recent college graduate and can't afford a high end attorney.

    This gf HAS struck me physically on 2 occasions (once to a point where i was bleeding from the face from scratches) before where I never laid a finger on her, but the only witnesses in both cases are HER best friends.

    Cops took photos that night of both of us, she had scuffs and scratches on her toes (open toe shoes) and hands, as well as my face which had a scratch and a scrape.

    My public defender stated that she will be fighting to say that this was a case of mutual combat.

    I have been attending the DV classes ever since mid November despite not having been ordered to do 52 weeks, because I felt that it would only help my case, as well as for the fact that the counseling center would close my case if i just decided to stop showing up.

    I have no priors on my record, am a college grad with a BFA in graphic design, freelancing for motion studios in california, if any of that matters.

    Thanks for reading this far, I just wanted to get any/all input because it has been difficult getting a hold of my public defender (backed up with tons of cases i'm guessing) and I don't really have a good grasp on what to expect/do moving forward.

  2. #2
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    Default Re: Pretrial Coming Up for Domestic Violence

    Quote Quoting boontahr
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    I'll try and give a short version of this story. One night my gf and I (after both drinking a bit) got into an argument because she once again thought I was cheating/doing something behind her back, words were thrown back and forth and eventually I pulled her out of my car when I drove her back home because it was going nowhere and I simply wanted her to go home.
    How did you pull her OUT of your car and then drive her back home? So, you pulled her out and then put her back in?

    She began punching/beating the top of my car to the point where there are dents in it, I had pushed away at her arms telling her to stop. She pulled at my shirt, breaking off 2 of the buttons and slapped me in the face at some point. At this point I sort of lost it and grabbed her and we both fell to the ground with me ending up on top. She ran to the neighbors who had just stepped outside and told them to call the police and I was taken in.
    What charge? PC 243(e)? PC 273.5(a)?

    To my knowledge, the gf is not pressing charges,
    She does not have to. The state of CA does.

    does not intend to show up to court to testify and didn't want the RO in place but I understand that it matters little because the DA is the one who will pursue this case.
    And if she fails to show in court, a warrant could be issued for HER arrest.

    Most prosecutors assume the victim will not cooperate so they tend to have their case in hand before trial because 75% of victims (or thereabouts) recant or change their story within a couple of days, and nearly 85% will do so by the time of trial. It's the nature of the beast.

    My pretrial was pushed to another date which is coming up in 2 days, because my public defender requested time to review evidence submitted by the prosecution (photos taken that night) and I am just wondering what the best to expect of this situation would be. I have a public defender on this case because I am a recent college graduate and can't afford a high end attorney.
    The BEST you can hope for is that the DA does not pursue the matter. The most likely result in the case of a conviction is probation and anger management classes coupled with the criminal protective order to stay away from her.

    This gf HAS struck me physically on 2 occasions (once to a point where i was bleeding from the face from scratches) before where I never laid a finger on her, but the only witnesses in both cases are HER best friends.
    What happened in those prior incidents will be largely irrelevant. Chances are you will never get to mention them at your trial unless they somehow have bearing on your actions during the incident for which you were arrested.

    I have been attending the DV classes ever since mid November despite not having been ordered to do 52 weeks, because I felt that it would only help my case, as well as for the fact that the counseling center would close my case if i just decided to stop showing up.
    It certainly cannot help. I know of several former abusers that did learn good coping techniques from these programs. It might help you avoid a similar problem in the future.

  3. #3
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    Default Re: Pretrial Coming Up for Domestic Violence

    How did you pull her OUT of your car and then drive her back home? So, you pulled her out and then put her back in?
    Nono, I drove her home and when it was becoming apparent that this was going nowhere as it usually does, THEN I pulled her out of the car.

    What charge? PC 243(e)? PC 273.5(a)?
    PC 243(E)


    Thank you for your responses and input. The classes have been of help to me. I have never been violent towards anyone in this way before, so I was struggling with this whole incident, wondering if I really am just a monster inside or something. But I am now at a point where I can admit that I made a mistake that night and need to deal with the consequences, but that it doesn't mean I'm an evil person or anything.

  4. #4
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    Default Re: Pretrial Coming Up for Domestic Violence

    Quote Quoting boontahr
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    Nono, I drove her home and when it was becoming apparent that this was going nowhere as it usually does, THEN I pulled her out of the car.
    Okay. That was not clear with how you had it written.

    PC 243(E)
    That is a misdemeanor for domestic violence (battery).

    But I am now at a point where I can admit that I made a mistake that night and need to deal with the consequences, but that it doesn't mean I'm an evil person or anything.
    People are fallible. People make mistakes. If you learn from the mistake, it becomes a learning experience and not a character flaw ... well, something like that. I'm not too eloquent tonight ... long week (day 6 of a 7 day stint of shifts).

  5. #5
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    Default Re: Pretrial Coming Up for Domestic Violence

    Ah well in that case, much thanks for taking some time to offer your thoughts. Hope the week doesn't take too bad of a toll on you.

  6. #6
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    Default Re: Pretrial Coming Up for Domestic Violence

    Generally speaking, stall if you can. The longer it takes the greater are the chances the case will fall apart or be dropped.

    The photos sound like your best defense. They would tend to show that she was the aggressor and batterer. That should be your defense. The state has to prove their case beyond a reasonable doubt, and those photos sound like they create a big reasonable doubt. Also the jury will see that the case is about nothing.

    Be sure to demand a jury trial if you have not already done so. I would fight this case. No plea bargains. The state hates jury trials and will lose interest in a weak case fast.

    At worst it would be a years probation if you were convicted, but you shouldn't let them convict you. This is a winnable case. If you can prove she was intoxicated or tend to show she was intoxicated, that also would go a good ways in destroying her credibility. Have your attorney depose the neighbors. Also if you can establish she has battered you in the past, that would be very helpful. Does she have any convictions. Your attorney can use that against her too and that also will cause the state to lose interest. Does she have any DUI convictions? It all will help.

    In the future, if you hook up with a girl and she shows a violent streak, can't handle her alcohol, or shows she is at all unstable, RUN AWAY FAST.

  7. #7
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    Default Re: Pretrial Coming Up for Domestic Violence

    Quote Quoting boontahr
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    Ah well in that case, much thanks for taking some time to offer your thoughts. Hope the week doesn't take too bad of a toll on you.
    Thanks. But, I'm used to it.

    Buck up, don't disobey the court order, and try not to stress. You'll come out okay.

  8. #8
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    Default Re: Pretrial Coming Up for Domestic Violence UPDATE

    so my case got pushed to another pretrial date at the request of my public defender, Feb 17, and it seems that we'll be going to a jury trial within the next few months.

    The likely outcome of all this seems to be probation + continue taking DV classes + staying away from the victim.

    My question now is what would probation in a case like this entail? I've never had a run-in with the law so I am fairly unfamiliar with all the terms and specifics.

  9. #9
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    Default Re: Pretrial Coming Up for Domestic Violence UPDATE

    Probation would usually include ordering that you obey all laws, adhere to the conditions of a criminal protective order (if any is issued), be subject to search and seizure by law enforcement at most any time, and that you attend any classes ordered by the court.

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