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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-11-2005, 12:49 PM
Juan Juan is offline
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Join Date: Sep 2005
Location: California
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Default Spousal Battery in California
I am charged with Misdemeanor Spousal Battery in California, although I live in another state. This happened when I was on vacation in California. I am considering blowing off the court date and can not get an answer from the DA as to if charges have formally been made. The Captain of the boat called the police.

My wife, Son and myself were on a dive boat, that had moored in Catalina Harbor. At approximately, 4:00 Am in the morning I had a night terror, I ran upstairs screaming, with my wife in hot persuit. She attempted to grab me for my own protection and I hit her. I also hit the captain of the boat who also tried to grab me.

(a night terror is a walking talking nightmare)

The harbor patrol was immediately called, when they arrived my wife told the police that I was still not awake and that I was having a night terror.

I awoke in the police boat, and have no memory of hitting anyone. I was written a ticket and released to my wife a few hours later in Catalina.

The Sheriff told me to call a week before the appearance date on the ticket, but when I call they can not give me any answers as to whether I am going to charged by the DA.

Should I;

1) Not worry about it because it is in California and this case will be impossible to win.

2) Hire an attorney to appear for me.

3) Fly back to CA and appear in person.


Any help will be greatly Appreciates
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Old 09-11-2005, 01:18 PM
aaron aaron is offline
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Location: Michigan
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Default Responding to Domestic Violence Charge
I would personally take option 2 - although at this point hiring the lawyer only to negotiate, and not to appear in court - combined with providing my lawyer with medical evidence of my night terrors (perhaps a letter from my doctor), and see if the lawyer can convince the prosecutor to dismiss the charge. If the prosecutor declined, I would then discuss my subsequent options with the lawyer.
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Old 09-27-2005, 09:15 AM
Juan Juan is offline
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Default I did not appear
I did not appear on a misdemeanor spousal battery charge in California and I live in Oregon. What can California do to me here in Oregon.

Thanks,

Juan
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Old 09-29-2005, 11:24 PM
cdwjava cdwjava is offline
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Default Re: I did not appear
Quoting Juan
I did not appear on a misdemeanor spousal battery charge in California and I live in Oregon. What can California do to me here in Oregon.
They can issue a warrant for your arrest.

Even if they don't want to extradite right now, having a warrant can effect employment opportunities and eligibility for loans and public assistance.

- Carl
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