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  1. #1
    Join Date
    Apr 2007
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    2

    Default Misdemeanor Domestic Violence

    I was arrested for a misdemeanor domestic violence since California law states if the police are called one person will be arrested. My girlfriend at the time was going through an emotional imbalance since she was pregnant was not sure till she tested next week that she was, previous to that week she was sometimes happy and sometimes sad. Anyhow she called the domestic violence hotline because I wanted to break up with her that night and she wanted to know what she needs to do because her stuff was in my apartment and if legally she can be asked to move out. The police showed up, talked to me for a bit and kept on asking me if I was violent towards her physically and I told them the truth that I never did anything. The office made up a story that she has marks on her chest which she never did but just to get a confession he kept on pressuring me if I did attack her. After a bit he told me to stand up and he arrested me. I made by bail through my girlfriend and we both talked about it and could not understand how the police created so many stories that night but were absolutely not true. I got my court date and I have a lawyer, my girlfriend is still with me was coming to court with me on my first hearing arraignment. The lawyer called me and told me that I don’t have to show up for court since the DA has not filed charges. I got a call later on and I was told that I have show up again 9 days later. My lawyer told me if by date the charges are not filed, it will be discharged. What I wanted to know if I am discharged will I have a record or do I still have to go through the court process and get the charges expunged.

    P.S. I never had a criminal record in my life.

    Thanks

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Misdemeanor Domestic Violence

    You would have an arrest record.

    Go to this thread; it has a lot of links and information.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Misdemeanor Domestic Violence

    Quote Quoting rolex007
    I was arrested for a misdemeanor domestic violence since California law states if the police are called one person will be arrested.
    That's not true. CA state law does NOT say that. You were arrested because there was probable cause to believe you had committed the criminal act of battery on a domestic partner.

    What I wanted to know if I am discharged will I have a record or do I still have to go through the court process and get the charges expunged.
    You would still have a record of the arrest on your state and local criminal history. However, it would be recorded as an arrest only - not as a charged offense.

    - Carl

  4. #4
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Misdemeanor Domestic Violence

    Thanks for your replies. One last thing I wanted to know if I have a arrest record can i clean that up by the judicial system also does it show up if an employer does a background check on me?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Misdemeanor Domestic Violence

    California law is generous with the grant of expungements, but they provide limited benefit (as explained here).

  6. #6
    Join Date
    Apr 2007
    Posts
    12

    Default Re: Misdemeanor Domestic Violence

    I think Charge dismiss and conviction dismissal is different. Please anyone comment on this.

    I have exactly same position what rightnow you have. Even my wife don't have any physical injury or marks for domestic violence. But police told me that this is citizen arrest means "police have to arrest some one if they got call from anyone.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Misdemeanor Domestic Violence

    I see what you're saying. You don't do yourself any favors by burying the salient facts in an avalanche of irrelevant details. If you followed the link to the other thread as suggested by Happy Trails, you will already have read the statute governing your situation.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Misdemeanor Domestic Violence

    Quote Quoting FirstTime
    I have exactly same position what rightnow you have. Even my wife don't have any physical injury or marks for domestic violence. But police told me that this is citizen arrest means "police have to arrest some one if they got call from anyone.
    In the case of a citizen's arest, the police do generally have to act. In my state the police MUST accept a citizen's arrest (an arrest by a private person against another either by signing or verbally indicating a demand to make the arrest).

    However, in most cases *domestic violence being the exception) the police here have one of three options: Release for lack of probable cause, release with citation to appear (for misdemeanors and infractions), or take into custody and book.

    - Carl

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