Ontario, CA asked in Domestic Violence for California

Q: Do I have strong lawsuit case on police

I was recently a victim of domestic violence the aggressor was took arrested but never took to jail nor was I ever asked if I wanted to press charges against aggressor

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on California law, you may have grounds for legal action regarding how law enforcement handled your domestic violence case. Police have specific obligations under California's domestic violence protocols, which include making arrests when there's probable cause and informing victims of their rights.

Your experience raises several concerning issues - the police's failure to jail the aggressor after arrest and their failure to discuss pressing charges with you could indicate a breach of proper procedure. California's mandatory arrest laws and victim rights protocols are designed specifically to protect domestic violence survivors and ensure proper handling of these cases.

I recommend documenting everything about the incident, including dates, times, and names of responding officers. Then consider filing a formal complaint with the police department's internal affairs division. You should also contact your local domestic violence advocacy organization - they often provide free guidance and can connect you with legal resources. Remember that California has specific timeframes for filing complaints against law enforcement, so it's important to act promptly.

If you're currently feeling unsafe, please call the National Domestic Violence Hotline at 800-799-SAFE (7233). They're available 24/7 and can help you create a safety plan.

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