Results 1 to 6 of 6
  1. #1
    Join Date
    May 2014
    Posts
    2

    Default Charged With Domestic Violence After Restraining My Distraught Girlfriend

    My question involves criminal law for the state of: California

    Hello all, and thank you for reading.

    After a night of drinking with a few family members, my fiancée and I were dropped off at a local convenience store's parking lot (where our car was) to gather some things before we called a cab. However, my fiancée had a panic attack (stress from work, our upcoming wedding, the drinking and her hormones cause quite a cocktail), and she became emotionally unstable. I’ve never seen her like this after 10 years of living with her. We attempted to calm her down, but she was acting erratically. She didn't know who I was, and we were all afraid that she was going to run into the street next to the store. I then held her, attempting to calm her down as she screamed irrationally (the best way she describes it, she snapped). Let’s just say a scene was made, and we were sure the police were on the way.

    Well, while I was holding her and caressing her back (and making sure she didn't hurt herself), an onlooker who we didn't know and was just standing to the side (possibly a store employee) suddenly tackles both of us, dropping us both to the floor and making me knock my head hard on the pavement. Immediately after this happened, the police shows up and arrests me as I ended up on top of my fiancée. I was placed under arrest and taken to the hospital (which I vaguely remember) and she was taken to the local police station for questioning. Afterwards, I was taken to the drunk tank and released on the following day. I have a black eye and headaches (possible concussion), and pending misdemeanor domestic violence charges… although there were never any restrictions or restraining orders placed. Even the officer who arrested me said that the only reason they had to take me in is because they found me on top of her on the floor.

    My question is: can I file charges against the onlooker who decided to become involved in a situation that he had no business in? My fiancée also had several bruises on her from the fall, but I took the brunt. The police and the DA refuse to provide me a copy of the police report, unless I obtain a lawyer and have him request it. I’m not too concerned about any pending charges, as I have several witnesses that can easily attest I was attempting to diffuse the situation, and my fiancée is glad to testify that she had a panic attack and was not taking her anti-anxiety medication at the time. The police also interviewed another witness who was recording the incident on their camera phone, but we don’t have access to any of the details.

    How would I go about filing charges against the party who attacked us? Also, IF he was a store employee, would the store be liable for what happened to us? I sometimes want to simply drop this, pay the huge medical bills, and get on with my life… but the thought that this person could have possibly killed me or my fiancée with his abrasive actions make me very upset.

    Any advice anyone is able to provide will be greatly appreciated. Once again, thank you for reading.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Charged With Domestic Violence After Restraiing My Distraught Girlfriend

    Are the onlooker and the alleged attacker the same person?

  3. #3
    Join Date
    May 2014
    Posts
    2

    Default Re: Charged With Domestic Violence After Restraiing My Distraught Girlfriend

    According to the witnesses I spoke to, yes he is. He was simply watching on the side, and suddenly he decides to tackle me and my fiancee for an unknown reason.. causing my injuries and my arrest. Had the police showed up to see me holding my fiancee, I am sure they would have been able to help me calm her down. But because of this person's actions, everything went downhill from there.

    Unfortunately, I don't remember the details clearly, as I took a nasty bump to the head. I remember coming to at the hospital.

    From my understanding, the police simply took a statement from him (along with other witnesses) and that was it. Unfortunately, because I cannot obtain the report, I am not sure what he might have said to them. And he very likely is an employee of the store.

    Thank you.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Charged With Domestic Violence After Restraiing My Distraught Girlfriend

    Quote Quoting er44
    View Post
    I then held her, attempting to calm her down as she screamed irrationally (the best way she describes it, she snapped). Let’s just say a scene was made, and we were sure the police were on the way.

    Well, while I was holding her and caressing her back (and making sure she didn't hurt herself), an onlooker who we didn't know and was just standing to the side (possibly a store employee) suddenly tackles both of us, dropping us both to the floor and making me knock my head hard on the pavement.
    So ... the onlooker sees a man grasping tightly to a hysterical woman screaming and trying to pull away and he took action that might have been objectively reasonable given the facts as he observed.

    It would seem that he made a reasonable based on the facts before him. The law doesn't define "reasonable" as what is known on Monday morning, but what is objectively known at the moment. From his perspective it likely looked like you were either assaulting the woman or holding her against her will. Heck, I'd certainly have thought so since it is so unusual for someone to entirely wig out as you describe it.

    Immediately after this happened, the police shows up and arrests me as I ended up on top of my fiancée. I was placed under arrest and taken to the hospital (which I vaguely remember) and she was taken to the local police station for questioning. Afterwards, I was taken to the drunk tank and released on the following day. I have a black eye and headaches (possible concussion), and pending misdemeanor domestic violence charges… although there were never any restrictions or restraining orders placed. Even the officer who arrested me said that the only reason they had to take me in is because they found me on top of her on the floor.
    So, what were you charged with? PC 243(e) for the DV and PC 647(f) for public intoxication? What was your BAC?

    My question is: can I file charges against the onlooker who decided to become involved in a situation that he had no business in?
    You can ask the police, but don't count on it. If his purpose was to try and protect her, then it's not likely a DA will even consider charges provided the police even consider sending it over for thew DA to review. Now, you can always hire an attorney and try to sue the guy for damages (if you have any), but under the fact set as you have provided, you likely won't prevail. But, you can try ... if you have the money to roll the dice.

    The police and the DA refuse to provide me a copy of the police report, unless I obtain a lawyer and have him request it.
    When you hire an attorney or the court appoints legal counsel, your attorney will be able to obtain the report(s) via discovery as a matter of course.

    How would I go about filing charges against the party who attacked us?
    Call the police and ask them to take the report. Chances are they will say that any statements were included in the original report and the matter has been submitted to the DA. or, they will take your request and submit it to the DA for review. There is no guarantee that the DA will act, and unless the other guy was just fighting because he wanted to fight, it is unlikely he will be penalized for taking actions ostensibly in the defense of another.

  5. #5
    Join Date
    Aug 2009
    Posts
    41

    Default Re: Charged With Domestic Violence After Restraiing My Distraught Girlfriend

    Chances are, the store has a policy that prohibits employees from intervening in this fashion. So, if the employee violated the store's policy, then perhaps some action can be taken against the employee. Perhaps the employee can be sued. Or, at the very least, the employee can be fired by the store.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Charged With Domestic Violence After Restraiing My Distraught Girlfriend

    And perhaps not.

    The OP suggests that the person in question might be an employee - he does not know for certain if he was or not. But EVEN IF he is AND EVEN IF there is a store policy that was violated (which again is only your perception), there is no law the OP can invoke that will force the store to take any action against the employee. Nor does whether the person was a store employee or not impact that person's liability.

    1. Sponsored Links
       

Similar Threads

  1. Defamation: Can I Sue My Ex-Girlfriend For Claiming I Committed Domestic Violence
    By Nicki in forum Defamation, Slander And Libel
    Replies: 5
    Last Post: 04-08-2014, 06:40 AM
  2. Domestic Violence: Girlfriend Getting Charged with Domestic Violence
    By Cgl8285 in forum Criminal Charges
    Replies: 1
    Last Post: 03-23-2013, 07:50 PM
  3. Domestic Violence: Argument with Girlfriend Escalated Into Domestic Violence
    By oxygengone in forum Criminal Charges
    Replies: 1
    Last Post: 02-24-2012, 10:15 PM
  4. Domestic Violence: Domestic Violence And Crazy Girlfriend In Florida
    By Scared08 in forum Criminal Charges
    Replies: 17
    Last Post: 04-06-2008, 11:46 AM
  5. Domestic Violence: Both My Girlfriend And I Were Arrested For Domestic Violence
    By 2nd2none26 in forum Criminal Charges
    Replies: 2
    Last Post: 07-24-2007, 12:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources