Legal Question in Criminal Law in California

My friend had an argument with her husband and he laid a hand on her so she ran to call the police. The husband played the victim, eventhough she was the one that had been physically abused and verbally. The husband lied to the cops saying that she had hit one of the kids and him. So she was taking in. My friend was charged with pc 273.5 (A). spouse abuse/cohab. However, the D.A. rejected the case and she is out. However, just the other day the sheriff showed up to her house asking for her husband. What can be happening now? What should my friend do? Should she counter sue since she was the one is danger and called the police? And if she had hit the kid like the husband said than why would she call the police on herself. What could she do?

Asked on 9/27/09, 11:50 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law
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Your question does not address when the sheriff came to speak with the husband. It may have been to obtain more information so the DA will file a complaint. She should immediately retain an attorney to represent her. Also she should not discuss this matter with anyone but her attorney. She should discuss the possibility of obtaining a domestic violence restraining order against him. Acting quickly is important in these cases. The general rule is that domestic violence escalates unless the abusive party receives counseling to deal with this situation.

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9/28/09, 12:57 am
Brian Dinday Law Offices of Brian R. Dinday
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Since the D.A. has already rejected the case (assuming that info is accurate), I tend to believe that the D.A. directed the police to investigate the husband's battery. This could happen if your friend gave a statement to the police and told them what really happened. If the kids are old enough to tell the police that mommy did not hit them, this would strengthen the case against the husband.

Lastly, please tell your friend that the arrest record is highly damaging. It can affect future job, career, professional licensing, being able to serve as a Girl Scouts den mother, credit applications, insurance rates, and child custody disputes. She is an excellent candidate for getting her arrest record sealed and physically destroyed. For more info on this process, she can go here:

http://lawyer-expungement.com/petition.htm

and

http://lawyer-expungement.com/results.htm

Good luck to her.

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9/28/09, 1:08 pm

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