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  1. #1

    Default Domestic Violence Accusation After Protecting Sick Father

    I would like to thank in advance to those whom are taking time off their busy day to offer any advice that may help me make the next best move during these times of immense stress for my family and I - God bless.

    I am a 21 year old student residing in California with no prior convinctions and no felonies on my record.

    My parents have recently divorced and I decided to live with my father whose health is rapidly deteriorating to the point where he sometimes is unable to move from the tremendous amount of pain - forcing me to quit school and take a full time job in order to pay for the medical bills and rent.

    On May 3rd around the evening, I drove my father back to our previous residence to collect things he needed after I let my mother know that we would be visiting. After a few minutes inside, I heard my parents arguing so I went to see what was happening only to realize that my mom had jumped onto my dad's back and was attacking him viciously. Initially I tried pulling my mom off but she would not let go so I used my arm to choke her with the least amount of force possible so she wouldn't harm my dad any further. I rushed my father into the vehicle and went back to his place.

    My younger brother who did not witness the fight, notified me today that my mom had called police that night and now had a warrant out for my arrest but was unclear of the charges she was pressing besides obviously assault for choking her.

    I know I have to and will turn myself in to face this warrant, but without money for a lawyer - I am worried that I will be unable to properly defend myself against the law and would like to know what kind of trouble/time i'd be facing & also how I should go about presenting my side of the story?

    Thanks once again..

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Warrant for Arrest; Reason: Protecting Sick Father

    I would assume that you and your father would testify that she was the assailant.

    Get a lawyer, and let him arrange you turning yourself in.

  3. #3

    Default Re: Warrant for Arrest; Reason: Protecting Sick Father

    As soon as you know you have a warrant, turn yourself in bc the longer your on the "run", the more guilty you look. Get a public defender and as long as your dad can testify as to what happened and all, I personally would not see the DA going after you too hard. Tell your dad to flip the table on her and go file a report on her and that incident!

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Warrant for Arrest; Reason: Protecting Sick Father

    Let me add- do not say a word to the police until you have obtained a lawyer, and that lawyer is present for the questioning.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Domestic Violence Accusation After Protecting Sick Father

    The odds are slim that they have already walked an arrest warrant through the system. Yes,m it is likely that mom called the cops and they wrote a report. Yes, she may have expressed a desire for prosecution. But, most District Attorneys are going to want to have some idea what you and dad might say before they seek the arrest warrant from the court.

    So, unless they believe they have enough to convict you even with you and your father denying the attack, they likely have not even SOUGHT a warrant, yet. And unless yours is a small, cozy county, the time necessary to obtain an arrest warrant will likely be measured in weeks, no hours or days. I live and work in a small county and can walk a warrant through in one day ... but only after I have at least attempted to obtain a statement from the defendant and any other witnesses.

    So, while it is POSSIBLE that a warrant exists for your arrest, I suspect it is far more likely that they will want to speak with you prior to seeking a warrant.

    - Carl

  6. #6
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Domestic Violence Accusation After Protecting Sick Father

    and my advice about seeking the services of an attorney and not speaking to the police without that attorney present still stands.

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