
Quoting
cdwjava
And you can raise that claim at trial. The police hear that allegation all the time. Unfortunately for you, it appears that your wife had visible injuries which resulted in your felony arrest for PC 273.5. It would also appear that the police found you to be the least credible of the two of you with regards as to who was the primary aggressor.
This is likely a misdemeanor, but might be stretched to a felony.
Frustration and anger are understandable. Whipping your child until he is black and blue is not.
Another crime.
To expand on Knowitall's question, if you did not take it because she was calling the police, then WHY did you take it? And WHY did she come back and break it in half?
That plea gives you a criminal history for prior child abuse. That does not make you look too good.
If you are bruising your son out of worry, I suspect that the classes are not working.
That's what happens when you do what you are supposed to.
Anything is possible, but it is doubtful you will go to jail at your arraignment unless they find some wonderful new felonies to charge you with.
Not as long as there is a court order saying you must stay away.
Then adhere to it. Even if your wife or daughter call or ask you over, do NOT do it! ANY violation of a DV TRO in CA REQUIRES your arrest. The police WILL take you to jail if they have probable cause to believe you violated the order. If they call, don't talk to them. If they ask you over, don't go.
- Carl