A girl was arrested for domestic violence even though her boyfriend adamantly denied ever being touched by her. There was a scratch on his lower belly where his dog had scratched him...this is the mark that caused her to be arrested.
What kind of punishment is she looking at and what can they do to prepare to fight this in court????
2007-05-15 01:04:31 · 6 answers · asked by LittleMissDangerous 1 in Family & Relationships ➔ Marriage & Divorce
These days, if it looks like someone has been injured by domestic violence, the offender will be arrested and taken to jail. Even if the injured person does not wish them to be.
It is up to the district attorney if you will be prosecuted.
You will have a fine, here it is $250.00 the first time.
You will more than likely get probation for 1 to 2 years. If the judge wants to teach you a lesson, you can go to jail from 30 days to 1 year. More than likely you wont. Basically a slap on the wrist is all you will get. So, do make sure your legal issues stop there. Make sure you go to your court dates. A simple failure to appear will land you in trouble with the courts as well as your bail bondsman, if you have one.
Do not get into situations where you will be provoked into fighting. Good luck! And stay out of trouble!!
2007-05-15 01:19:23 · answer #1 · answered by treasuredwife69 5 · 0⤊ 0⤋
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2016-06-12 04:02:49 · answer #2 · answered by ? 3 · 0⤊ 0⤋
The arrest will be turned over to the DAs office to see if enough evidence exists to continue prosecuting. If youre lucky there may be questionable evidence and the charges dropped. Otherwise a court date will be set and at that time everyone will be able to tell their story and then place your case on the mercy of the court. This isnt a major domestic violence case so the most that should com out of this if things go wrong should be probation or adjudication withheld, meaning if nothing more happens within a certain period of time, then charges will be completely dropped. But in court, just tell the whole truth and nothing but. Good luck
2007-05-15 01:15:36 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
First, your story is BULLSH**T. This may be the story everyone has come up with NOW but I bet the Cops got a very different one when the 911 call was made and they showed up. You can chose to have your eyes closed or not but she did it period.
In CA their are two laws that usually get applied to these situations. The first is PC (penal code) 273.5. This is the felony section. For an arrest or conviction their must be "great bodily injury" and yes a scratch is good to go for that. The second is PC 243(e)(1). This is a misdemeanor. Same as above but no "great bodily injury".
There are some other laws that get broken during domestic incidents regularly but I am not going to list them all. She may have been arrested for something else she did that had nothing to do with the injury.
When they go to the preliminary hearing and the District Attorney sees that the VICTOM is an idiot and wants to continue to be victimized they usually drop the charges unless they have some other overwhelming evidence (signed statement, video, and confession).
2007-05-15 01:18:06 · answer #4 · answered by Anonymous · 0⤊ 1⤋
In Ohio if you are arrested then the state will pick up your charge even if the victim, or supposed victim won,t prosecute. If he never signed anything for the police it,s hearsay. If he did then even if he doesn,t show up for her court the state can still prosecute. Same happened to me. Now I get laid off work, but have missed out on several jobs in my trade after a background check. This law is absurd. Its being ruled upon totally wrong from the way it was written. I wonder though why he showed the police a scratch?
2007-05-15 01:26:16 · answer #5 · answered by c99challenger 3 · 0⤊ 0⤋
if she was arrested, the state takes over
there could be a number of things they can charge her with, and punishment varies
get a lawyer
2007-05-15 01:09:26 · answer #6 · answered by bronzebabekentucky 7 · 0⤊ 0⤋