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Domestic Violence in California

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  • 09-23-2008, 01:26 PM
    erinkyle
    Domestic Violence in California
    My question involves criminal law for the state of: California
    My sister was arrested once again for domesic viloence against her girlfriend. This is maybe the third or fourt time this has happened, but the charges are usually always dropped. She has had a LONG history of violence towards herself and others. She even cuts/mutilates herself in fits of rage and our sadness. The diffrence with this time, is that WE her family have been contacted by the dectective in charge of her case, and have given the detective information regaurding my sisters long history of violence, drug and alcohol abuse and her history of mental illness. She is currently recieving SSI from the state for her mental disorder (borderline personality disorder). The dective has told us that my sister is no longer going to slip through the cracks and that th DA is even charging her with charges from the past. They pulled her reords and feel that she is a serious threat too others, as do we. She has been in countless mental institutions and always seems to get out, we have tryed EVERYTHING, to get her help, but with no success.

    My question is... by helping the detective and giving the information she is requesting, are we ONLY helping bulid a case against her... or our we going to be able to use this as a means to get her help. We have told the detective that my sister needs to be place in treatment facility for her disorder and that prison/jail would not help her at ALL only make it things worse. WE the family would like to see her put in a treatment facility where she can not just sign herself out... She NEEDS HELP!!! Is it likely that they will give her an offer of jail time or treatment(in facility)?
    The detective told us that one of the family memebrs needs to come to her court date, so I am flying out there too meet with the detective. She is going to have me meet with the city atoorney as well.
    So is this going to benefit my sister or are we just buliding a stonger case against my her?
    Any info would be greatly appreciated. I trye to keep it sort... there is SOOO much more to this story...I did the best I could to keep it short.
    We just don't know if we are doing the right thing.
  • 09-26-2008, 03:17 AM
    LawResearcherMissy
    Re: Domestic Violence in California
    We really cannot answer your question. Not knowing your sister or any other individual involved, not being familiar with her entire situation...we can't predict what will be offered, we can't predict whether the detective actually cares or is just looking to have her locked up.

    If you want to help your sister, make sure she has a great attorney.
  • 09-26-2008, 09:21 AM
    cdwjava
    Re: Domestic Violence in California
    If the previous charges have been dropped, it is likely that the victim refused to cooperate with the prosecution or recanted on their initial statements. That is typical with DV that the victims risk perjury to keep the abuser out of jail.

    Ultimately, her disorder might work on her behalf at trial provided the defense can make a diminished capacity defense. Generally, that is not the case. A person with a mental disorder that makes a conscious decision not to properly treat the disorder by taking medication, etc., then the person can be in deep trouble.

    If she has been to facilities and released, that means that she was deemed fit and stable ... provided she followed the doctor's recommendations. This will likely show that she was competent at one time and likely at the time fo the crimes, too.

    She will need an attorney to advise her. There is no confidentiality with family members, so anything she tells you can not remain privileged should you be called to the stand.

    - Carl
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