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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default DV in San Jose, California

    My question involves criminal law for the state of: california , san jose


    Hi
    We had a domestic situation one night where the wife was angry that i was drinking at home. She ( it felt like to me ) slapped me and pushed me away with her legs. and in an extremely emotional state i called 911 twice to inform them. they came and took a report where i told them what had happened.
    They gave each of us a dv card. there were no marks no injuries from this isolated incident. no photos were taken. one officer was interviewing me and the other my wife. my wife told them that she had slapped and "kicked" me. they did not arrest anybody and left after making sure that we were separated for the night. In view of the fact that this was an isolated incident both of us are extremeley stressed out that this will permanently jeopardise our future ( we both are immigrants and not permanent residents). Both of us are going through marriage counseling and do not want any permanent record of this.

    Will a case be filed and charges filed ?

    1) if there was no arrest will they still charge my wife ? Is there an arrest /police complaint record that will affect future employment chances ?

    2) the police case status online shows primary report filed ?

    3) should i call up the police/ district attorney to find out what the status of the case without in any way influencing them to actually file charges if they have not decided to ?

    4) I received a letter by mail from one of the DV agencies encouraging me to talk to their advocates.. does this mean that the case will be charged ?

    pls help!!

  2. #2

    Default Re: DV in San Jose, California

    Quote Quoting jeffrey259
    View Post
    view of the fact that this was an isolated incident both of us are extremeley stressed out that this will permanently jeopardise our future ( we both are immigrants and not permanent residents). Both of us are going through marriage counseling
    Add alcohol treatment.

    and do not want any permanent record of this.
    Calling 911 creates a permanent record. Most employers only bother with arrest records and don't go so far as to check with individual police agencies. But the record of the call will be archived forever more or less, so if either of you are planning a law enforcement career or something with any level of security clearance, you should expect records of these to be discovered.

    Will a case be filed and charges filed ?
    We can't predict that - it's up to the DA based on the police report, any subsequent interviews they might or might not choose to conduct, and how strong of a case they feel they have.

    1) if there was no arrest will they still charge my wife ?
    We can't know. CAN they? Yes. WILL they is unpredictable.

    Is there an arrest /police complaint record that will affect future employment chances ?
    There's already a record of the complaint. If there's an arrest, the impact of that arrest will be determined by each individual employer - some will care about it a great deal, others might not care at all.

    2) the police case status online shows primary report filed ?
    The initial report has been taken - now it's up to the DA.

    3) should i call up the police/ district attorney to find out what the status of the case without in any way influencing them to actually file charges if they have not decided to ?
    You can certainly ask. They may or may not tell you, or they may tell you that they haven't decided yet.

    4) I received a letter by mail from one of the DV agencies encouraging me to talk to their advocates.. does this mean that the case will be charged ?
    No, it only means that you were listed on the police report as the victim and the agency sent you a standard letter that goes out to all persons listed as the victim in DV cases.

  3. #3
    Join Date
    Jul 2008
    Posts
    29

    Default Re: DV in San Jose, California

    If she hit and kicked you then you should seriously consider whether her violence will escalate and if you want to put yourself at risk. I'm surprised the police did not arrest her, especially since she admitted she hit you to the police.

    Having said that, this incident should not affect your future employment opportunities as you are the victim. If they did not arrest her at the scene then it highly unlikely they will do so now and it should not impact her employment opportunities either.

    I would call the advocate back.

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

    Default Re: DV in San Jose, California

    Quote Quoting jeffrey259
    View Post
    Hi
    We had a domestic situation one night where the wife was angry that i was drinking at home. She ( it felt like to me ) slapped me and pushed me away with her legs.
    So ... it "felt like" she slapped and pushed you? Or DID she slap and push you? Why can't you be more sure? I know that I have known when I have been slapped or pushed.

    they did not arrest anybody and left after making sure that we were separated for the night.
    Wow! San Jose has gotten a lot less aggressive! Or, these officers were not all that aggressive. In most cities and with most officers, one of you would have likely gone to jail. But, maybe they considered it and for whatever reason opted not to do it.

    Will a case be filed and charges filed ?
    No one can say with certainty what WILL happen. A case may be written (and, pursuant to at least previous SJPD policy I was aware of, should be written) and the DA may well decide to file charges. Whether either, neither, or only the former of these things happens, we cannot say for sure.

    1) if there was no arrest will they still charge my wife ? Is there an arrest /police complaint record that will affect future employment chances ?
    Yes, they could still come back and charge her ... or you. The state has one year to initiate action against you.

    Yes, at the very least the police will have a record of their response to the house, and there might even be a report even if no charges are ever filed.

    Generally, this information is not publicly available in CA. IF the matter goes to court, then the court record becomes public. IF one or both of you is arrested, that is also public record. As it is right now, most public sector employers in CA can NOT ask about past police contacts, or even arrests (should that occur). Most employers can only legally ask about convictions.

    2) the police case status online shows primary report filed ?
    That probably means that a crime report was written and will either be sent to detectives for follow-up, or filed with the DA for review in consideration of criminal charges against one or both of you.

    3) should i call up the police/ district attorney to find out what the status of the case without in any way influencing them to actually file charges if they have not decided to ?
    You can call, but they don't have to tell you anything.

    4) I received a letter by mail from one of the DV agencies encouraging me to talk to their advocates.. does this mean that the case will be charged ?
    It means that it probably will be at least referred for consideration by the DA, and that one or both of you were referred to them for assistance.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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