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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Domestic Battery In California

    My question involves criminal law for the state of: California

    Hello

    (sorry my English is not really good). I get charged for Domestic Battery 243 (E) (1) PC. The problem was original cause for a complain I made to my wife she get angry and drop to me with a cup of milk and start to screen, I get angry too and I hit her with my hand open on her lips ( to she stop to screen ), but not strong nothing happen , no injuries, no inflammation, nothing, she call the police, the police take around 15 minutes to arrive, I was there waiting. She try to explain the situation but the officer not understand really good because she doesn't speak English, I explain to the other officer what happen and the reason for the problem ( she was not put so much attention on are children and spend so much time with her friends ) . My wife say to the officer, she doesn't want to me get arrested but the officer say after they came there is no option, they have to do.
    The officer was with me ask to the other officer what happened and what to do, the officer who speak with my wife say to him the only proof of something happened was the milk on the celling and he say was no injuries, mark or something on my wife , but he told to the officer next to me to arrested me. I was 7 hours and after $20000 on bail I come back to home.

    Is my first time on any problem I have no record, we have 12 years with my wife no problems until this situation, she doesn't put charge, we are living together.

    I can't pay for a lawyer, I'm the only one work at home ( family of 5 ) and after the bail I get break. My court day is on 7/01/08.

    what can happen ?
    really I need a lawyer ?
    can I go to the police station and ask for a copy of the report to see what they put there ?
    can I request a translator before the court day?
    can I get jail ? like I say, I'm the only support for my family
    can help me if is my wife is present on the court support me ?

    Thanks on advance.

    PD. the only good on all this, is mi wife change her attitude and start to put carer on are children.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Domestic Battery In California

    Quote Quoting ricdegre
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    what can happen ?
    You can go to jail for domestic violence.

    Quote Quoting ricdegre
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    really I need a lawyer ?
    Without a doubt.

    Quote Quoting ricdegre
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    can I go to the police station and ask for a copy of the report to see what they put there ?
    I don't see why not.

    Quote Quoting ricdegre
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    can I request a translator before the court day?
    I *believe* (but I am not a lawyer) that you will have to wait until you are in front of the judge to request that.

    Quote Quoting ricdegre
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    can I get jail ?
    Yes, of course. You cannot hit people in this country. It's the law.

    Quote Quoting ricdegre
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    like I say, I'm the only support for my family.
    This is too bad, and something you should think about next time you are tempted to hit her.

    Quote Quoting ricdegre
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    can help me if is my wife is present on the court support me ?
    It's doubtful. Most abused spouses say that their SO didn't mean to hurt them and they're really a good person. The courts can see right through that.

    Quote Quoting ricdegre
    View Post
    Thanks on advance.

    PD. the only good on all this, is mi wife change her attitude and start to put carer on are children.

  3. #3

    Default Re: Domestic Battery In California

    Get a copy of the police report and a Lawyer ASAP, even before the arraignment. Check your states BAR website search for a criminal specialist (NOT a civil, family lawyer and so on). One that is certified as a criminal specialist.

    Get a Lawyer that Specializes In Criminal Law.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Domestic Battery In California

    And when you are in court, you may NOT want to say that ever since you beat your wife, she has been doing what you wanted her to do.

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