Arressted For Domestic Violence...need advice...please

[MatthewM]

What is the name of your state? California

About a month ago I was arressted for domestic violence. Let me explain.
I came home one night and my fiancee and I engaged in a verbal argument. It got to the point where she tried to leave our apartment and go to her mother's house. I restrained her from going by holding her away from the door. She began to hit me to get away and then I got her in a light headlock to tell her to just stop trying to leave and lets talk it out. She then bit me on the side of my ribs. She called the police and they arressted me for domestic violence. The cops asked both of us if we wanted to press charges against each other, we both refused. I spent the night in jail and had to made bail to get out. I now have a court day coming up in the next couple weeks and need advice about how to handle my case. Should I have my fiancee attend my arraingment and plead to the judge to not charge me with a severe punishment? We both love each other and have a baby on the way, the last thing I want is to go to jail...What are my options?? Please anybody with any knowledge pertaining to my story please help. Thank you

 

[LdiJ]

What is the name of your state? California

About a month ago I was arressted for domestic violence. Let me explain.
I came home one night and my fiancee and I engaged in a verbal argument. It got to the point where she tried to leave our apartment and go to her mother's house. I restrained her from going by holding her away from the door. She began to hit me to get away and then I got her in a light headlock to tell her to just stop trying to leave and lets talk it out. She then bit me on the side of my ribs. She called the police and they arressted me for domestic violence. The cops asked both of us if we wanted to press charges against each other, we both refused. I spent the night in jail and had to made bail to get out. I now have a court day coming up in the next couple weeks and need advice about how to handle my case. Should I have my fiancee attend my arraingment and plead to the judge to not charge me with a severe punishment? We both love each other and have a baby on the way, the last thing I want is to go to jail...What are my options?? Please anybody with any knowledge pertaining to my story please help. Thank you

When you physically prevented her from leaving when she wished to leave you committed a crime. When she hit you and bit you to try to get away from you she did NOT commit a crime. Learn a lesson from this now or you will end up right back in the same position later on down the road.

Just go to court and tell the truth.

 

[CdwJava]

I restrained her from going by holding her away from the door. She began to hit me to get away and then I got her in a light headlock to tell her to just stop trying to leave and lets talk it out.

In addition to domestic violence (misdemeanor or felony) you could be charged with false imprisonment.

She then bit me on the side of my ribs. She called the police and they arressted me for domestic violence. The cops asked both of us if we wanted to press charges against each other, we both refused.

Since CA law encourages the arrest of the primary aggressor, you were chosen to go to jail. And the state will press the charges regardless of her wishes.

Should I have my fiancee attend my arraingment and plead to the judge to not charge me with a severe punishment?

She will probably not even be allowed to speak at the arriagnment. The arriagnment is just to determine plea and to assign counsel if you cannot afford one.

Hire an attorney.

- Carl

 

[MatthewM]

I have hired an attorney and will plead not guilty. They are charging me with a 273.5 (a) PC which I'm pretty sure is a felony charge if I'm not mistaken. Their reasoning for this charge is pretty weak, I don't think it was worthy of a felony charge against me. I talked to my fiancee to find out what exactly they said to her or asked her that night when they were filling out the report. The cop said her cheek looked puffy, which was total bs because it wasn't she even told him. They took a picture of her ankle because they said it looked bruise, my fiancee said it wasn't even caused by the altercation but they insisted to take the photo. The bruise was even noticable at all and wasn't caused by me. She told them that I never physically struck her in any way, just that I did restrain her from leaving with physical force by holding her. I am awaiting my arraignement and hope all goes well. I have retained a lawyer and pray that this charge will be dropped to a misdeamenor, which I'm pretty sure it will. What does everyone else think?? Thanks

 

[CdwJava]

I have hired an attorney and will plead not guilty. They are charging me with a 273.5 (a) PC which I'm pretty sure is a felony charge if I'm not mistaken.

Yes, it is a felony. All that is needed (other than to establish the elemtns of the relationship) is a visible injury or complaint of pain.

Their reasoning for this charge is pretty weak, I don't think it was worthy of a felony charge against me.

Apparently the police and/or the DA thought it was sufficient. They don't tend to mess around with DV cases.

The cop said her cheek looked puffy, which was total bs because it wasn't she even told him.

That's what he observed. Her telling the officer that is irrelevant.

They took a picture of her ankle because they said it looked bruise, my fiancee said it wasn't even caused by the altercation but they insisted to take the photo.

Then she can go to court and explain how it was obtained.

She told them that I never physically struck her in any way, just that I did restrain her from leaving with physical force by holding her.

That can be considered battery in CA - and, it could be considered false imprisonment.

I have retained a lawyer and pray that this charge will be dropped to a misdeamenor, which I'm pretty sure it will. What does everyone else think?? Thanks

If you offer to plead guilty on the misdemeanor charge of PC 243(e) they will probably accept. Talk to your attorney about the ramifications.

- Carl

 

[stealth2]

I think everything you needed to know, you should have learned in Kindergarten. Mainly - you keep your hands to yourself. If you had, you wouldn't be in this mess.

 

[MatthewM]

I appreciate all your guys comments, thanks for the help and advice. I know I made a mistake when I decided to put my hands on her. I feel bad and felt bad after the fact, but that is irrelevant now. But, I have made progress and promises to myself as well as my fiancee that I will never let us see that person come out of me again, it was an altercation that got totally out of hand. I will handle this matter in court and hopefully it will go in my favor. Thanks again to all that commented on this...I appreciate your guys concern.

 

[vendictive]

~~~~~~

I think everything you needed to know, you should have learned in Kindergarten. Mainly - you keep your hands to yourself. If you had, you wouldn't be in this mess.

oh! STFU~~~~~~~~~~~~~~~~~~~~~~~~

 

[stealth2]

oh! STFU~~~~~~~~~~~~~~~~~~~~~~~~