Oxnard, CA asked in Domestic Violence for California

Q: Husband arrested for domestic violence. Do I go to court with him if we worked it out but there is an epo?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: the court does not care that you worked it out though that is positive.

the victim is the People of the State of California so it is the DA that represents them and must be convinced to dismiss or reduce charges.

there is a new law as of 1/1/21 that you MAY be able to qualify for that allows diversion..........but it is not automatic

David Michael Lehr agrees with this answer

David Michael Lehr
David Michael Lehr
Answered
  • Domestic Violence Lawyer
  • Ventura, CA
  • Licensed in California

A: Under the California Constitution, you have an absolute right to attend most of his court dates because you are the victim.

However, he can get in trouble with the court if you drive together.

You should ask the judge to change the "no contact order" to a "no force or violence order." If that happens, then you can lawfully be together.

Good luck!

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