California  |  Criminal Law

From what you describe, she is likely to face misdemeanor domestic violence charges. (Specifically, Penal Code section 243(e)(1) - domestic battery). It carries up to a year in county jail and/or a $2,000 fine. If convicted, she must attend an anger management course of counseling as a term of probation, as well as be subject to a restraining order.

You're right - it is up to the DA to decide to file charges. It's not up to the alleged victim to "press" or "drop" charges. Since the court date is a while from now, there are things she can do even before her court date to position herself in the best possible way before court, either to get the charges NOT filed in the first place or for the best possible outcome if charges are in fact filed.

If you're interested in discussing the case further, let me know. I practice in all courts in Orange County, including West Court, where her case is headed, assuming it happened in Huntington Beach.

For more about me, please see www.joedane.com/about

Well, that's coincidence. I clicked on this inquiry because I wanted to urge you to be proactive in getting an attorney involved EARLY, to work on the D.A. NOT filing charges at all. I have found that early intervention is very productive in many cases. Moreover, I was going to suggest you call Joe Dane, who is in your area, only to find he has already responded. Good luck. If you succeed in getting your dismissal, you should then petition for factual innocence to get the arrest wiped off the record as well. Good luck.

Correct. The earlier you involve your attorney, the better chance to get 'non-prosecution'. It is the policy of the DA to prosecute, regardless of the victim 'recanting' and being sorry for having the spouse arrested. You will have to convince the DA the victim refuses to testify and really does not need a restraining order or prosecution. If serious about getting legal help in this, feel free to contact me.