Can My Husband Go to Jail when His Mother Punched Him in Face
My question involves criminal law for the state of: California.
Not so easy to get along with, mother in law has been going thru stressful time. My husband and I moved in to help her and do best to stay out her way. Today, MIL had 20-something year old granddaughter and boyfriend, who always fight, visiting. MIL, my husband & I were in living room getting ready to watch a movie when GD & BF start arguing in kitchen. My husband went to ask them to stop to no avail, so he came back to living room. All of a sudden, MIL starts yelling at my husband to mind his own business and gets in his face. She must have not liked him ignoring her because out of nowhere, she punched him in the face twice! She starts wailing on him and we tell her to stop. To protect himself and get her off him, my husband gets her by her arms pushes her away from him. When she hears GD and BF coming, she throws herself on the floor!
When granddaughter and boyfriend come in and see her on floor, they start cursing at us and why did he pushed her to the floor. As we try to explain, MIL calls cops saying my husband pushed her! I told my husband for us to wait outside for cops to tell our side. As we walk out, granddaughter says she'd say she saw everything and then kicks my husband in the leg before slamming the door and my husband walks off. The cops never came but I told him he should go clear his name just in case. He is afraid he will go to jail. He pushed her away from him in self defense! Can he go to jail if he goes to clear his name & give his side of story even though she punched him??
Re: Can My Husband Go to Jail when His Mother Punched Him in Face
If the cops never came, he has no need to go speak to them.
Re: Can My Husband Go to Jail when His Mother Punched Him in Face
I suggest he not go back and you both move out.
Re: Can My Husband Go to Jail when His Mother Punched Him in Face
Thanks for your respnse Missy! I actually found it weird that even though cops didnt come, his mom didnt make a report because she is notorious for that. So I went to the police department to see if there was a report # and wouldnt u know it? THERE WAS. My MIL went to the station this morning! So now, I am REALLY afraid that he will go to jail even though SHE STARTED EVERYTHING AND PUNCHED HIM! I have told him to go talk to the PD and give his side of the story but he knows his mom too well...she doesnt care if its her own son, she will say he pushed her. How likely is he to go to jail if goes to talk to the PD to give his side?
Re: Can My Husband Go to Jail when His Mother Punched Him in Face
This is a misdemeanor (PC 242 - battery) not committed in the presence of the officers. He would NOT be arrested for that as they cannot make that arrest. The police can take a report and forward it to the DA. If the DA feels he or she can prove the case beyond a reasonable doubt to a jury, then they might issue a summons for the suspect to attend court, or request an arrest warrant through the court. It is probably at least an even chance that no prosecution will occur.
Time to get your OWN place.