Legal Question in Criminal Law in California

273.5(a)PC-Domestic Battery with Corporal Injury
My boyfriend and I were drinking one night and got into an argument. My boyfriends started cutting my hair. Because we were so drunk, he slipped and nicked my scalp. I went to the hospital because it wouldn't stop bleeding. When the doctor asked what happened and I told him, they had my boyfriend arrested and thrown in jail for 3 months and the State of California forced a protective order that we cannot have contact in any way for 2 years! I told them that we had never fought that all this happened because we were drunk. They would not reverse it.

I believe the government did not take all of the facts into consideration before imposing such a harsh sentence and restrictions on us communicating with one another.

How can they do this? It was a one-time accident, not a pattern of abuse. How can the government forbid me from communicating with him?

Do I have any recourse?

Asked on 3/18/09, 11:04 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: 273.5(a)PC-Domestic Battery with Corporal Injury

The case is over, and your BF lost.

Didn't he fight the criminal charges? Didn't he get a lawyer? Didn't you speak to his lawyer? Sounds like he just pled guilty.

Theoretically he could, depending on how long ago this happened, withdraw the plea and demand to go to trial.

Answered on 3/18/09, 11:13 pm

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