Spouse Charged with Misdemeanor Battery Domestic Violence
My question involves police conduct in the State of: CA
Husband committed physical violence against wife. Police responded to victim's 911 call for help & fear for her life. Police surmised enough after speaking to both victim & husband to place an arrest on husband for battery against spouse. Police took pictures and reports from both the victim & batterer.
Trial is scheduled next couple months. Will the police reports be admissable in the trial or is it considered "hearsay"? Will the police officers be called to trial to testify most likely? Is the victim allowed to communicate to the police prior?
CPO was issued to defendant at his first hearing. CPO also stated; no contact what so ever via 3rd party to victim's mutual contacts (family, friends, etc).
He violated the CPO by contacting victim's family & friends in attempts to gain sponsorships for himself. Man is a slime bucket & not to be trusted. Can the victim report his CPO violation to the Police?
Re: Spouse Charged with Misdemeanor Battery Dv
Police reports themselves aren't admissible, the pictures and the officers testimony is. The officers being called to testify and that is quite likely. Usually the police and over witnesses do not have contact with the police. The prosecutor MAY talk to her or they may not. If she has questions, many jurisdictions have a victims advocate that can keep her apprised of what is going on.
Re: Spouse Charged with Misdemeanor Battery Dv
CPO was issued to defendant at his first hearing. CPO also stated; no contact what so ever via 3rd party to victim's mutual contacts (family, friends, etc). He violated the CPO by contacting victim's family & friends in a desperate attempt to gain sponsorships for himself. Can the victim report his CPO violation to the Police?
Good to know. There are plenty of pictures. 911 calls. MRI's & CT scans showing injuries. Dr reports of findings & tests requested. Physical Therapy & Psychotherapy sessions are on-going. Major PTSD & fear. Going to trial now. I'm the victim pursuing that justice prevails to finally hold defendant "accountable" after many years of verbal abuse escalating to assaults & physical abuse. Seems like the victim continues to be victimized even through the system. will be required to be put on stand, cross examined by defendant's atty. Prosecutor & advocates have been great in terms of communications but of course limited to what they're allowed. I'm fearful this S.O.B. will walk. I pray the jurors will find him guilty & the judge isn't fooled by his "jekel & hyde" personality.
Re: Spouse Charged with Misdemeanor Battery Dv
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newlfe
CPO also stated; no contact what so ever via 3rd party to victim's mutual contacts (family, friends, etc).
He violated the CPO by contacting victim's family & friends in attempts to gain sponsorships for himself.
OP - You stated the language of the order so perhaps there is a violation, but I am not sure of that. Does the order say 'to' or does it say 'though'? There is a huge difference. I would be surprised if the CPO actually prevents him from contacting your friends and family. In general, an order prohibits the restrained from asking your friends and family to pass messages to you from him and prohibits him from communicating with you via third parties.
Re: Spouse Charged with Misdemeanor Battery Dv
I believe CPO states he's not allowed to communicate to the victim through or via 3rd party as a means of communication. There is a "stipulation" agreement in family law court that also states, there is to be no communication to mutual 3rd parties family or friends. The concern there was his abusive manipulative ways to coherse them to side with him if he needed credible allies. He's the reason I have strained relations with my family in isolating me from them. It was a clever set up on his part (all part of the abuse) to later go back & gain concurrence from them. My concerns are more so on if or how this would affect his up coming criminal trial & what his defense lawyer's strategies will be. I'm not the one who committed the crime, yet I feel as though I'm being scrutinized. No wonder 68% of women do not report their abuse.
Re: Spouse Charged with Misdemeanor Battery Dv
I will also note, the court will recognize that in part, you chose to willingly remain in this relationship all through all these years of supposedly undocumented abuse. Grandstanding will not get you mileage with the court.
Re: Spouse Charged with Misdemeanor Battery Dv
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newlfe
I believe CPO states he's not allowed to communicate to the victim through or via 3rd party as a means of communication. There is a "stipulation" agreement in family law court that also states, there is to be no communication to mutual 3rd parties family or friends.
I suggest you contact the DA’s office and ask if there is a victim advocate on staff. If yes, pose the question to them. I hesitate to believe an order restricts him from communicating with your family or mutual friends, but go to the source and be certain.
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newlfe
The concern there was his abusive manipulative ways to coherse them to side with him if he needed credible allies. He's the reason I have strained relations with my family in isolating me from them. It was a clever set up on his part (all part of the abuse) to later go back & gain concurrence from them.
Are you in counseling? Are you working with the local domestic violence outreach program? If not, please consider reaching out to the nearest local advocate (find one by going to AARDVARC’s site and checking resources by state) and talk with them. Your emotional turmoil is evident in your posts. I hope you are working to surround yourself with people that understand DV and can support you through the process of trial. Your experience can not be validated or negated by the court process, so please don’t seek the court to give you that experience. It sets you up for disappointment. You know what happened and a good counselor (and maybe a DV support group) can help you deal with the situation and help your find closure that no court verdict can provide.
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newlfe
My concerns are more so on if or how this would affect his up coming criminal trial & what his defense lawyer's strategies will be. I'm not the one who committed the crime, yet I feel as though I'm being scrutinized. No wonder 68% of women do not report their abuse.
The local DV advocate can tell you what you might expect during the trial.
Good luck.
Re: Spouse Charged with Misdemeanor Battery Dv
good advice I'm finally realizing even friends are sticking their heads in the sand. I spent thanksgiving alone w/my dog as I didn't want to be anyone's charity case & honestly not in the festive mood to be reminded of what I don't have ..... family. I'm going to attend counseling through a DV support group starting end of this week.
Re: CPO yes, my misunderstanding. I did find out he lied to my sisters & 81yr old mother whom he's isolated me from years. Three of our mutual friends have all stuck their heads in the sand; (1) credible witness next door that heard noises from the attack, (1) close friend came up to me afterwards saw my distress & police cars and others who don't want to get involved.
I'm going to provide witness advocate with these names to pass along to the DA and let them handle it. Someone told me I should get the credible witness to sign a declaration stmt?