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Domestic Violence and Destruction of Property

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  • 08-15-2013, 12:41 AM
    hunted
    Domestic Violence and Destruction of Property
    My question involves criminal law for the state of: California

    I punched my ex & keyed his car (he had grabbed my head & put it in his groin). He filed for a restraining order against me. At the hearing, I admitted under oath to keying his car. I was ordered to stay away from him for 6 months & pay $3,000 in attorney fees & $400 for breaking his glasses. I was told that if he gets the court transcript and brings it to the police, they'd have to arrest me & charge me with felony vandalism, because I admitted to intentionally damaged property worth over $400. (The body shop repair estimate was almost $3,000). I have no prior criminal record, but I was recently charged with domestic battery in NV (that case is pending), and I may also be charged in CA for hitting him. How screwed am I, and is there anything I can do now to prevent the felony charge?
  • 08-15-2013, 12:53 AM
    Disagreeable
    Re: How Much Trouble Am I About to Be in
    How fast can you pay him for the damages? That might be an enticement for him to not push for charges. That is not a guarantee the state will not pick them up though.
  • 08-15-2013, 03:22 AM
    cdwjava
    Re: How Much Trouble Am I About to Be in
    Quote:

    Quoting hunted
    View Post
    My question involves criminal law for the state of: California

    I punched my ex & keyed his car (he had grabbed my head & put it in his groin).

    Did you punch him before, or after, he forced your head to his groin? Arguably, your punch might have been an act of self defense if after he grabbed your head. But, keying his car ... that's gonna be tough to explain away as self defense.

    Quote:

    He filed for a restraining order against me. At the hearing, I admitted under oath to keying his car. I was ordered to stay away from him for 6 months & pay $3,000 in attorney fees & $400 for breaking his glasses.
    Ouch.

    Quote:

    I was told that if he gets the court transcript and brings it to the police, they'd have to arrest me & charge me with felony vandalism, because I admitted to intentionally damaged property worth over $400.
    Who told you this? The police do not HAVE to arrest or charge you. If he wanted to, he could make the report, the polic e could investigate, and they could forward it to the DA who would then decide whether or not to pursue criminal charges. It's likely you would be charged, but it is not a guarantee.

    You should probably consult an attorney tomorrow.
  • 08-15-2013, 06:45 AM
    Mr. Knowitall
    Re: Domestic Violence and Destruction of Property
    Maybe Carrie Underwood can base her next song on this story....
  • 08-15-2013, 10:58 PM
    hunted
    Re: Domestic Violence and Destruction of Property
    This is more Taylor Swift, no?

    I can't even begin to pay for the damages - likely he'd never collect on that or the attorney fees or damage in the other case. And yes, I have a self-defense claim for the punch, but it didnt help that the judge in the restraining order case ruled against me. Can a lawyer do anything before I am even charged?
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