Domestic Violence Arraignment and Out On Bail

Hello,

I was arrested three days ago and released on bail in San Jose, CA.

1.) The charges are Felony Domestic violence towards my wife which was actually self defense.

2.) The other charge is I used a belt on my son who is 10 years old and left buises on his bottom. I did this because he left the house without anyones permission and got into a fist fight down the street. I was affraid for his life, because three days prior a child was killed two blocks away from our house.

3.) Lastly the other charge is my wife says I took the phone from her when she was trying to call the police. I did not, but I did take the phone from her and placed it on the bed, she then took the phone and broke it into half.

Also, five years ago I was also charged for supposedly hitting my wifes sisters child (which I did not), I pled no contest in order to get out of jail faster and get back to my family. I was given 4 years probation and anger management classes. I graduated the classes and somehow the charge was reduced to misdeamor and in a couple of years I was not reporting the the probation officer. My probation is now expired.

I would like to know when I go back to arraignment on the 5th of next month, is it possible that they will put me into jail ? what is going to happen to my family, is there any way to get back with them.


There is a restraining order that I can not call, or go within 300 feet of my son or my wife and daughter.


Thank you,

James

You took the phone from her when she wasn't trying to call the police? Why?

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Quoting jamesrenn

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1.) The charges are Felony Domestic violence towards my wife which was actually self defense.

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And you can raise that claim at trial. The police hear that allegation all the time. Unfortunately for you, it appears that your wife had visible injuries which resulted in your felony arrest for PC 273.5. It would also appear that the police found you to be the least credible of the two of you with regards as to who was the primary aggressor.

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2.) The other charge is I used a belt on my son who is 10 years old and left buises on his bottom.

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This is likely a misdemeanor, but might be stretched to a felony.

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I did this because he left the house without anyones permission and got into a fist fight down the street. I was affraid for his life, because three days prior a child was killed two blocks away from our house.

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Frustration and anger are understandable. Whipping your child until he is black and blue is not.

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3.) Lastly the other charge is my wife says I took the phone from her when she was trying to call the police.

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Another crime.

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I did not, but I did take the phone from her and placed it on the bed, she then took the phone and broke it into half.

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To expand on Knowitall's question, if you did not take it because she was calling the police, then WHY did you take it? And WHY did she come back and break it in half?

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Also, five years ago I was also charged for supposedly hitting my wifes sisters child (which I did not), I pled no contest in order to get out of jail faster and get back to my family.

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That plea gives you a criminal history for prior child abuse. That does not make you look too good.

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I was given 4 years probation and anger management classes.

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If you are bruising your son out of worry, I suspect that the classes are not working.

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I graduated the classes and somehow the charge was reduced to misdeamor and in a couple of years I was not reporting the the probation officer.

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That's what happens when you do what you are supposed to.

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I would like to know when I go back to arraignment on the 5th of next month, is it possible that they will put me into jail ?

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Anything is possible, but it is doubtful you will go to jail at your arraignment unless they find some wonderful new felonies to charge you with.

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what is going to happen to my family, is there any way to get back with them.

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Not as long as there is a court order saying you must stay away.

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There is a restraining order that I can not call, or go within 300 feet of my son or my wife and daughter.

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Then adhere to it. Even if your wife or daughter call or ask you over, do NOT do it! ANY violation of a DV TRO in CA REQUIRES your arrest. The police WILL take you to jail if they have probable cause to believe you violated the order. If they call, don't talk to them. If they ask you over, don't go.


- Carl

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Quoting Mr. Knowitall

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You took the phone from her when she wasn't trying to call the police? Why?

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Because I was trying to talk to her and she wasn't listening.

Yes, I know I over reacted towards my child and I shouldn't have belted him like I did. Even though I was just trying to prevent him from doing it again, I should have just sat down and talked with him and let him know what could possibly happen to him from someone else or someone elses car.

With my wife, it's totally my fault. When she was upset and started raising her voice to me...I should have just taken a time out and let her vent.

The phone thing is questionable, because this can go either way in court, but with the other two charges, the judge will probully find my guilty in this one too.

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Quoting jamesrenn

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Because I was trying to talk to her and she wasn't listening.

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Forcibly removing an object from somebody else's hands is a battery. But that aside, how exactly is it that her holding a phone prevented her from hearing you?

Thank you for your responses, but my question still has not been answered. I do not need to hear what I did wrong or what I should have done, because I already know I made some mistakes. Again, my question is "Will I be put back in jail when I go to the arraignment when I'm currently on bail"

Thank you,

James

Is it possible? Yes. Is it likely? No.

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Quoting cdwjava

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And you can raise that claim at trial. The police hear that allegation all the time. Unfortunately for you, it appears that your wife had visible injuries which resulted in your felony arrest for PC 273.5. It would also appear that the police found you to be the least credible of the two of you with regards as to who was the primary aggressor.


This is likely a misdemeanor, but might be stretched to a felony.


Frustration and anger are understandable. Whipping your child until he is black and blue is not.


Another crime.


To expand on Knowitall's question, if you did not take it because she was calling the police, then WHY did you take it? And WHY did she come back and break it in half?


That plea gives you a criminal history for prior child abuse. That does not make you look too good.


If you are bruising your son out of worry, I suspect that the classes are not working.


That's what happens when you do what you are supposed to.


Anything is possible, but it is doubtful you will go to jail at your arraignment unless they find some wonderful new felonies to charge you with.


Not as long as there is a court order saying you must stay away.


Then adhere to it. Even if your wife or daughter call or ask you over, do NOT do it! ANY violation of a DV TRO in CA REQUIRES your arrest. The police WILL take you to jail if they have probable cause to believe you violated the order. If they call, don't talk to them. If they ask you over, don't go.


- Carl

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Thanks Carl for the responses.

I have no other charges out there, because I haven't done anything else wrong. I know I was wrong hitting my wife back even though she first hit me in the face....this was no excuse for me to react the way I did and I pray she is willing to work through this and try to make things better with me.
My son, I did also over react, but the fear that I had when I was looking for him is undescribable. I was afraid for his life that maybe the kids who were picking on him had hurt him or even worse, he had been hit by a car and in the hospital. Now I think about it I should have just taken his scooter away and grounded him for awhile.
I just want to be back with my family and make it right.

If he was operating a motorized or electric scooter, then he was breaking the law and should never have been on it to begin with (unless he is 16 or older ... even then a license is required for certain scooters).

Hopefully you will learn and grow from this incident. But, until the court releases this restriction, do NOT violate the order.

- Carl

The restraining order is now expired.

If a updated restraining order was generated they would have to contact me correct ?

Otherwise I would like the opportunity to try and work things out with my wife.

I can't believe that the social worker that was assigned to this case printed my first statement and gave it to my wife and judge to read.
When I wrote the first statement, I was upset and didn't mean it.
She did not hit me first, It was totally my fault and I will take total blame so to speak. I screwed up big time and I will pay the consequences, All I want is to get back together with my family.

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Quoting jamesrenn

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I can't believe that the social worker that was assigned to this case printed my first statement and gave it to my wife and judge to read.

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If it was required to be presented to the court, then it was also required to be presented to the other party. There are no secrets in a court proceeding, sorry.

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When I wrote the first statement, I was upset and didn't mean it.

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Generally, those first statements tend to be more grounded in truth than the latter ones. As long as you did not make any statetment alleging a fact that was, in fact, knowingly untrue, you should be able to explain that any expressions made were those of anger.

What did you write in this statement?

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She did not hit me first, It was totally my fault and I will take total blame so to speak. I screwed up big time and I will pay the consequences, All I want is to get back together with my family.

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The end result tends to be family reunification - provided both parties agree. However, that does not mean that there won't be hoops to jump through including counseling, perhaps supervised visits, and maybe even a court order preventing any further violence. I have seen wonderful things grow out of these problems, perhaps yours will grow stronger from this as well ... provided you learn from the experience and think twice about your own actions in the future.

- Carl