San Jose, CA asked in Domestic Violence for California

Q: for a domestic violence charge after 48 hours with absolutely zero paperwork and given no court date information. Why?

The the accuser had no marks or injuries. I did have injuries and cuts that were documented and photographed by the arresting officers. I received medical treatment while in jail for 48 hours. The accuser did not file any charges against me. The arresting officer said our stories matched up identically but only she called the cops and I didn't. The Accuser also admitted to police that she hit me.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you’re going through a difficult and confusing situation. Even though both you and the accuser admitted to hitting each other, it’s possible that the police decided to arrest based on who made the call first, which often influences their decision in domestic violence cases. It's not uncommon for someone to be held for 48 hours without paperwork, as the system can take time to process, and you should be given information soon.

The fact that you had injuries documented and that the accuser admitted to hitting you could be important for your defense. While the accuser didn’t file charges, domestic violence cases can proceed with or without their involvement since it’s ultimately up to the district attorney.

Make sure you follow up with the police department or the court to get the details of any upcoming hearings or charges. It’s crucial that you gather all evidence you have, including your medical treatment records and the photos taken by the officers, as this can help you moving forward.

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.