My question involves criminal law for the state of: California
My sister slapped my brother-in-law and he called the cops. They were dubious but arrested her with the charge of domestic battery [CA penal code 243(e)(1)]. I hate to sound unempathetic to a 200lb unemployed alcoholic who has has laid her out with a closed fist on several occasions (including when she was pregnant), but I suspect it's a custody ploy as they have discussed separation recently. My questions include:
1) What are grounds for dismissal? If he does not attend the trial, is it dismissable?
2) If a guilty verdict is decided (and all fines/restitution/etc honored), is the offense expungeable, such that it would have no effect on a later assessment of her custodial fitness?
A concerned brother