My Husband Was Arrested For Hitting Me - He Never Touched Me

My question involves criminal law for the state of California.
In March, my husband and I were driving with our convertible top down. My hair was blowing in the wind and in order to converse with him, we had to lean in toward each other and "yell" in order to be heard above the road noise, wind, and stereo.

I had to reallllllllyyyyyy stop and use a rest room but none was around. I couln't wait. I became more adgitated about my husband pulling over. And her finally did at a CHP call box.

I got out of the car, relized my showes were off and the terrain was too rugged for bare feet. I got back in the car. Bent over to bet my shoes. Got out and ran up the hill to relieve myself.

While I was up there. CHP showed up, hen the Sheriff. They handcuffed my husband and told us that a passerby saw him beating me on my head and back and arms,!!!!!!!!!!!!!!!!!!!

THIS DID NOT HAPPEN.

The DA refuses to hear my side of the story. She said she'd accept a plea of 242, with probation and fines and a year of DV clases for my husband. We told them we wanted a jury trail.

How do we get some sense into these people?
Why would a passerby make up that he was hitting me?

I had no marks, or bruising, I adementaly have denied this from the beginning - but the DA keeps pressing the issue - and wants to make me a "battered woman"

Do I have any rights as a victim - when I am not a victim?

Your husband needs an Attorney

Concur. He needs one YESTERDAY, if at all possible.

Once the police get involved and lay a charge of domestic violence, it's a runaway train that generally can't be stopped without a lot of help.

Someone probably heard you yelling, saw you run like hell up the hill with no shoes on, and immediately assumed you were being abused.

We have an attorney

I agree --- they saw me run up the hill and though I must be abused. But the police never questioned us that that didn't happen.

I asked to make a statement - they said statements from victims were unreliable and wouldn't let me make one.

We got the attorney the next day.

(And by the way ---- I work in LAW ENFORCEMENT!!!!)

Quote:

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Quoting SINCLAIRSHAY

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I asked to make a statement - they said statements from victims were unreliable and wouldn't let me make one.

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That's not an uncommon attitude. So many DV victims recant if their abuser looks at them cross-eyed that the cops and the DA pretty much have to ignore the victims who claim they weren't really victimized.

Unfortunately, folks like your husband sometimes get caught up in it.

I'm glad you have an attorney. Good luck and keep us posted!