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  1. #1
    Join Date
    Nov 2012
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    Default Police Treating a Disturbance as Domestic Violence, Defendant is on Parole

    My question involves criminal law for the state of: California

    So On Saturday i had an incident with my son's dad i called the cops because i wanted him to leave my house turns out the cops tazzed him and charged him with battery agaisnt a police officer. now i did not press any charges on him but they are acting on the case like if its a domestic violence case. what can i do?
    all i wanted was for the cops to tell him to leave my house take a walk or something so things wouldnt get worse and i think my mistake was calling the cops.

    does anyone know what could be the amount of time he could get violate for since this is his 2nd battery case.
    and is on parole and also what can i do about the domestic violance when in reality there was no hitting involved. it seems like no one wants to listen to our story?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Police Treating a Disturbance as Domestic Violence, Defendant is on Parole

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

    So On Saturday i had an incident with my son's dad i called the cops because i wanted him to leave my house turns out the cops tazzed him and charged him with battery agaisnt a police officer.
    It sounds as if he took exception to the cops and received their special attention.

    now i did not press any charges on him but they are acting on the case like if its a domestic violence case. what can i do?
    What do you mean they are treating this as a "domestic violence case?" Was he charged with a domestic violence battery such as PC 243(e) (misdemeanor DV battery) or PC 273.5 (battery with corporal injury, usually charged as a felony)?

    In the strictest sense, this WAS a domestic violence incident as defined under PC 13700 et seq.

    all i wanted was for the cops to tell him to leave my house take a walk or something so things wouldnt get worse and i think my mistake was calling the cops.
    The cops are not a counseling service on wheels. When you call them they address the issue as it is presented to them. If you want someone to do your bidding, contract with a security guard company.

    does anyone know what could be the amount of time he could get violate for since this is his 2nd battery case.
    What specific code sections is he currently charged with, and what has he been convicted of in the past?

    and is on parole
    He can expect to have a hearing and quite likely be bounced back to prison (or the county jail, if his crimes were such that they qualify under the state's realignment).

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