Legal Question in Criminal Law in California

domestic battery charges

My husband was arrested for domestic battery and is currently on probation for ''burglary'' ( he was drunk at Ralphs & walked out with an open bear). I dont want to press charges, all I want is for us to be court ordered to attend marriage counseling. How can I make this happen?

LA County, Ca.


Asked on 1/24/05, 11:47 pm

1 Answer from Attorneys

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

Re: domestic battery charges

You will have no control whatsoever over what happens to him. The district attorney's office and the courts have their own agenda. Don't write letters to them, they won't be read or considered except to be used against him. Don't assume they are interested in improving your marriage or otherwise "helping" you, they aren't. The most "help" you are likely to get is a restraining order -- that you won't be able to change -- that will further damage your marriage and force him to spend his income, if any, on maintaining a separate residence.

(Readers: The forcible breakup of married couples through the use of restraining orders (not requested by the alleged victim) in domestic abuse cases may seem a good idea to some, but in general I believe that alleged victims of abuse are not stupid and their wishes should be considered.)

Eventually, and it may take a long time, you will be subpoenaed as a witness. But by then you may well have forgotten all about the incident.

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Answered on 1/25/05, 12:01 am


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