Modesto, CA asked in Domestic Violence for California

Q: I filed a domestic violence on my fiance after an argument I grabbed him and pushed him and he had pushed me back

And I went and grabbed him and he grabbed my arm to take my hand off of him and caused a bruise. We are starting counseling but I want to drop them because if I didn't attack him it wouldn't have happened and he has a prior from 6 years ago but his ex hit herself to make it look like he beat her. What can I do he has a good job works hard and takes care of our kids and is really a good man?

Related Topics:
1 Lawyer Answer
David A. Brooks
David A. Brooks
Answered
  • Domestic Violence Lawyer
  • Placerville, CA
  • Licensed in California

A: I previously wrote this answer to a very similar question:

It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a criminal case. If you lied to the police, you may be guilty of a crime for making a false police report. You should consult with a lawyer. Any statement you make to anyone other than your lawyer regarding the case can be used against you. If you are called to testify you may have a 5th Amendment Right against self incrimination as well as a right to a lawyer. The DA is used to victims of domestic violence deciding that nothing happened. Your switch of position might not be believed because it happens all the time. The totality of the evidence (including presence or absence of physical evidence) is considered when evaluating a "recanting victim" who decides nothing happened. If you want to say you lied, even though the statement might be used against you, you can contact your fiancee's attorney. The attorney will likely have you interviewed by an investigator to avoid becoming a witness themselves. You could contact the Victim/Witness department of the DA's office and let them know. In CA, a victim has the right to address the court directly and you could do that. You really ought to be represented by a lawyer before you make a decision, and that lawyer will want to try to obtain a copy of the police report before you are advised.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.