It is extremely common these days for a couple to get into an argument and one of them (or a neighbor who may hear the altercation) will call 911. Once this happens the police are immediately notified and will come to your location where the altercation is taking place. Once the police interview the parties and decide that someone will be arrested for “domestic violence” or “spousal abuse” it is now up to the District Attorneys office as to whether to file criminal charges against one or both of the parties to the altercation.
Often the person that called the police, (now referred to as the victim by the police and prosecution) wants to change their mind after their loved one has been arrested. They do not want charges filed. They do not want the person to go to jail and possibly lose his or her job.
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Unfortunately once you make the call to law enforcement the police has the decision to arrest your loved which is out of your hands as to what will happen next.
If criminal charges of spousal abuse (PC 273.5) are filed then you are now the victim. The District Attorney will do all in their power to see that your loved one is convicted of the crime.
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If he or she is convicted they are facing up to 3 years in custody. Even if they are placed upon probation, they can do up to one year in jail. They also will be required to complete a 52 week batterers program.
In addition to the above, it is extremely likely the court will issue a criminal protective order which will mean that you and your loved one cannot see each other for a lengthy period of time, as long as the criminal case lasts in many cases.
Many people contact our office and ask for our help to represent their loved one in these situations. This is a very wise idea. If it is true that you do not want the prosecution to continue you can convey that information to our office. If you “overreacted” or exaggerated and some of the things you told law enforcement were not true then we can also convey that to the prosecution. This type of information can assist us in our attempt to have the charges dismissed against your loved one.
At Wallin and Klarich we have been helping people who find themselves accused of domestic violence for over 30 years. If you or your loved one is facing charges under Penal Code 273.5 Spousal Abuse you must call us at 888-280-6839. We will be there when you call.