Legal Question in Family Law in California
Spousal Abuse
My wife call the police on me for battery. I was arrested, booked for 273.5(a)PC and got bailed. My wife rescinded her complaint but was told by the arresting police that she can't, and that the arresting police is the one bringing lawsuit against me. Can the police do that? What steps can I do for this lawsuit not to go forward? It is my very first time I was arrested in my life. I never had any police record before this.
2 Answers from Attorneys
Re: Spousal Abuse
This is a criminal matter and you must retain an attorney who handles criminal domestic violence. A crime is prosecuted by the State of
California and not the victim. Therefore, your wife does not have the option of dropping the charges. Good Luck, Pat McCrary
Reply: Spousal Abuse
Once the report has been made to the police, it is up to the prosecutors office to determine if they will prosecute you. It is no longer up to your wife at that point in time.
I suggest that you consult with an experienced criminal lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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