Q: Hi! I have a question regarding open criminal cases of DV in California.

I was an international student in a univ. of CA. The week after my graduation, my parents & I were in a hotel of Thousand Oaks & one day my dad disrupted the hotel office by insulting employees. They opted for not pressing charges; the thing was that when we went back to the room to get our stuff because we were ask to leave, he assaulted my mom & I. The police was called & some injuries in my mom were visible so he was taken to Ventura County Jail. We didn't want to get things worse since my parents were tourist, so my mom & I kept a lot of details out. The day his trial was set for (a couple of days after the arrest), I went to court & I learned that he wouldn't face trial & he would be released that same day. I asked for information & nobody would tell my why he would be released or if he would be punished. My mom has filed for divorce in MX & I've learned my dad lost his visa the day of the incident. What does it mean to have been charged for DV, is the case still open?

1 Lawyer Answer
David Dastrup
David Dastrup
  • Criminal Law Lawyer
  • Torrance, CA
  • Licensed in California

A: Great question. Sorry to hear about the problem. It is typical to be released and required to report back to court, either for another hearing or for a first hearing after the prosecution is ready to proceed (they have time, but limited time). Thus, the case is almost certainly still open, especially if there were injuries documented by the police. In some instances, when there are not witnesses to testify against a defendant, the case may not be filed, or may eventually be dismissed. But, again, you father probably has a future court date that he must attend.

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