Getting Charges Dismissed for Domestic Violence Battery

My question involves criminal law for the state of: California

My wife was angry and upset at me. I left the house. She called the police and told that I pulled her hair multiple times. She has no bruising or any marks. The police found me down the street. I told the police she was the one assaulted me. When she was talking to the police she said she does not know what to do about me. The police did not take much of a statement from me. He talked to me only for less than 120 seconds. The police arrested me anyway for domestic battery Penal Code 243(e)(1). The police convinced my wife to get a restraining order by saying "He will hurt you" "Stay away from him" "Don't have any contact with him". I was never served the restraining order.

My wife and I reconciled 4 days after the incident. My wife does not want any charges filed against me. Is there a way to drop the charges?

The police and prosecutor are generally ill-disposed to take recantations in domestic violence disputes. You should consult an attorney. This is a very serious situation.

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Quoting dc366

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My question involves criminal law for the state of: California

My wife was angry and upset at me. I left the house. She called the police and told that I pulled her hair multiple times. She has no bruising or any marks.

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That is probably why you are facing charges for PC 243(e) and not PC 273.5.

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The police found me down the street. I told the police she was the one assaulted me. When she was talking to the police she said she does not know what to do about me. The police did not take much of a statement from me. He talked to me only for less than 120 seconds. The police arrested me anyway for domestic battery Penal Code 243(e)(1). The police convinced my wife to get a restraining order by saying "He will hurt you" "Stay away from him" "Don't have any contact with him". I was never served the restraining order.

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How do you know she obtained one, then?

Understand that the police do not have to even ask for an Emergency Protective Order (good for up to one week), they can request this from a judge on their own, and the DA can request or the court can issue on its own accord a Criminal Protective Order prohibiting or limiting contact with the victim. If you were not served, it means that either no order of any kind was issued, or, they could not find you to serve you.

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My wife and I reconciled 4 days after the incident. My wife does not want any charges filed against me. Is there a way to drop the charges?

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About 75% of victims recant or change their mind, and more than that number remain with their abusers.

If she wishes to decline prosecution, she will need to speak to the DA's office. They might have a process by which she can come in and talk to them. She might be asked to sign a waiver saying that she understands the consequences of not pursuing the matter and will hold the police and the DA harmless should she get beaten again ... os something similar to that. On the other hand, if she confesses to lying to the police, she could find herself prosecuted. She may have a dilemma.