Aliso Viejo, CA asked in Criminal Law for California

Q: In DOmestic violence case my case in not on calendar does that mean there are no charges filed.?

Arrested for DV husband post bond told officer is not pressing charges won’t cooperate case is not on calendar

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: The DA's office is the one who files criminal charges and in some jurisdictions (counties) frequently are late filing a criminal complaint.

Domestic Violence is a "wobbler" which means it can be charged as a misdemeanor or as felony depending on the the nature and severity of the injuries sustained by the victim. If charged as a misdemeanor, the DA has 1 year from the date of the injury event to file. If charged as a felony, the DA has up to 3 years to file charges.

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

A: charges may still be filed OR they may not.

the DA could be busy and not gotten to it yet, or they may have decided not to file.

i would consult with an attorney who will probably check with the filing deputy DA.

but be careful, you often don't want to make waves and wake a sleeping dog.

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