It is very critical when you are accused of domestic violence (also known as “spousal abuse”) that you retain the services of an experienced criminal defense law office. California defines domestic violence as abuse, or threats of abuse, where the individuals involved have an intimate relationship. This can include married or domestic partners, those who live or lived together, are dating or used to date, or if the couple has a child together. Ultimately, these laws are in place to help prevent violence between individuals in close relationships.
Abuse can take multiple forms. It can be verbal, emotional, psychological, or physical.
Some other definitions of “abuse” include:
- Harassing, stalking, threatening, physical contact
- Disturbing personal property
- Making someone afraid that they (or someone close to them) will be harmed
- Physically hurting or attempting to hurt someone either intentionally or recklessly
- Sexual Assault
If the abuse is repetitive, securing a domestic violence restraining order against the abuser is encouraged. If your situation does not fit the domestic violence order, there are others you can ask for, such as, civil harassment, adult abuse, workplace violence, etc.
What if I no longer want to press charges?
There are certain cases where the “alleged victim” and the defendant get into an argument and the police are called, but the victim doesn’t want to press charges. If the alleged victim then decides not to prosecute the defendant, they may experience some difficulties. Unfortunately, once the police are contacted and an arrest has been made, the alleged victim no longer has control over the criminal prosecution.
The district attorney will review the charges and determine if it should be filed with the court. The ability to file, reduce charges, prosecute, or dismiss a case is completely up to the district attorney.
Let Jimenez Law Offices help you, and your loved ones, in this critical time.