Spousal Abuse 273.5(a)

[chrism851]

What is the name of your state (only U.S. law)? California

My partner was arrested on July 2, 2009 and charged with California Penal Code 273.5(a) Spousal Abuse. This is his 2nd arrest in 36 days for the same charge and his 5th arrest for domestic violence in 2 years. The only time that he has been charged was the first time he was arrested. The second time, I refused to file on account that he would seek help and the case was never formally filed with the District Attorney's office (although i sustained horrible bodily injuries including two cracked ribs and black eyes, as well as property damage to my vehicle). The third time it was termed a District Attorney discharge on account of insufficient evidence. The fourth time the case was formally filed with the City Attorney, but i refused to testify again going on a promise of him seeking help for alcohol abuse and anger management. The case was ultimately dismissed and the charges were fully dropped. This last time, however, the police were called by neighbors and there is photographic as well as video evidence that i was able to capture. I did bail him out and have since moved out and he is "seeking" help with a substance abuse program. Do you feel that the case will be filed? Is he looking at any amount of jail time? How do you think that my reluctance to file in the past affect the outcome of this case?

Thanks!

CristianWhat is the name of your state (only U.S. law)?

 

[CdwJava]

My partner was arrested on July 2, 2009 and charged with California Penal Code 273.5(a) Spousal Abuse. This is his 2nd arrest in 36 days for the same charge and his 5th arrest for domestic violence in 2 years. The only time that he has been charged was the first time he was arrested.

Any prior convictions?

Why do you stay with this SOB? One of these days he is going to kill you!

Hopefully you two do not have children.

The second time, I refused to file on account that he would seek help

Of course he said that ... they ALL said that.

So far, this scenario is right out of the DV handbook!

and the case was never formally filed with the District Attorney's office (although i sustained horrible bodily injuries including two cracked ribs and black eyes, as well as property damage to my vehicle).

That DA should be drawn and quartered. They should have prosecuted this violent son of a gun even without your cooperation.

The third time it was termed a District Attorney discharge on account of insufficient evidence. The fourth time the case was formally filed with the City Attorney, but i refused to testify again going on a promise of him seeking help for alcohol abuse and anger management.

And how many times had he made such a promise and then went back to his old ways? Hmmm???

The case was ultimately dismissed and the charges were fully dropped. This last time, however, the police were called by neighbors and there is photographic as well as video evidence that i was able to capture. I did bail him out and have since moved out and he is "seeking" help with a substance abuse program. Do you feel that the case will be filed? Is he looking at any amount of jail time? How do you think that my reluctance to file in the past affect the outcome of this case?

Frankly, they should have prosecuted this beast long ago. Personally, I'd be about ready to write the two of you off and tell you that you can be a punching bag all you want and wish you a nice life ... what little is likely left of it.

Lady, you need to get some stones NOW! On the off chance that this is not some kind of a put on (as this is just to heinous to be believable, but I'll bite anyway) let me give it to you straight: He will kill or maim you eventually. He is NOT going to get help in the long run, only long enough to keep himself out of legal trouble. Until the courts DO get involved he will revert to his old and violent ways. And when you add drugs to the mix it's a recipe for death. (Dollars to donuts you are also abusing/using drugs .. right?)

Get away from this rat or be sure to stay on birth control so that the two of you do not breed before he kills you.

- Carl

 

[racer72]

[steps up on soap box]

What will it take for you to dump a worthless piece of crap like that? Maybe if he kills you your problems will be over. Hopefully he will spend a good long time in prison, maybe Big Bubba will make him his girl friend.

[steps off soap box]

 

[outonbail]

My partner was arrested on July 2, 2009 and charged with California Penal Code 273.5(a) Spousal Abuse. This is his 2nd arrest in 36 days for the same charge,,,, and his 5th arrest for domestic violence in 2 years. i sustained horrible bodily injuries including two cracked ribs and black eyes, as well as property damage to my vehicle). i refused to testify again going on a promise of him seeking help for alcohol abuse and anger management.

The entire time I was reading this post, I was thinking this story couldn't get any worse.

Until I read the following:

I did bail him out

Do you feel that the case will be filed?

Actually, what I feel is ill.

Is he looking at any amount of jail time?

He was in jail and you bailed him out. So he may not see any substantial time until after you're dead or maybe a vegetable. This could happen as early as tonight, or take a couple of years. But eventually,,,,,,,,,,

How do you think that my reluctance to file in the past affect the outcome of this case?

I think most people on a jury or behind the bench will see you two as deserving each other. Substance abusing twin flames. One enjoys being the hockey puck and the other enjoys slapping it around.

Frankly, I don't understand why you would even come here asking these questions. You are going to do all you can to help this dysfunctional woman beater get back into your life, no matter what anyone tells you. If there was even the slightest chance that you were going to leave this dirt bag and stop being his personal punching bag, it wouldn't take his getting arrested five times for DV.

I couldn't even imagine how many times you've been knocked around without the police getting involved.

Like Carl said, I hope you two haven't brought any offspring into this ring of fire,,,,,,,,

 

[CdwJava]

Ya know ... the more I read this, the more I think this is a "Gotcha" post. With this kind of alleged history, I just can't imagine that the DA has not filed on SOMETHING! Unless she has aggressively sought to avoid cooperation or she lives in a place where the DA is a sot or they are too busy to deal with uncooperative victims, this scenario does not make any sense. Somewhere along the line, he would have been pursued to trial. If not, this is that one in a million case that slips through all the cracks.

Yeah, this just seems too full of hooey to be real.

- Carl

 

[Isis1]

i'm confused. i sure hope this is all hooey.

the poster's name is christian. HE speaks of a partner, also male.

how can someone be charged with spousal abuse....


oh wait. i just saw the state was California.

 

[mommyof4]

i'm confused. i sure hope this is all hooey.

the poster's name is christian. HE speaks of a partner, also male.

how can someone be charged with spousal abuse....


oh wait. i just saw the state was California.

See? It's a good thing I read the entire thread before posting. I was getting ready to say the same thing.

 

[Antigone*]

This post is totally a gotcha post. This has to be a troll.

 

[CdwJava]

i'm confused. i sure hope this is all hooey.

the poster's name is christian. HE speaks of a partner, also male.

how can someone be charged with spousal abuse....


oh wait. i just saw the state was California.

I saw it, too, but presumed it could have been a mistype (maybe for Cristiana) or an unusual name for a girl ... the response remains the same even if they are both male.

- Carl

 

[Isis1]

I saw it, too, but presumed it could have been a mistype (maybe for Cristiana) or an unusual name for a girl ... the response remains the same even if they are both male.

- Carl

see, i took a second though...if he referes to his partner not as his husband, can they charge with spousal abuse as opposed to domestic violence? or would the same statute apply?

 

[CdwJava]

see, i took a second though...if he referes to his partner not as his husband, can they charge with spousal abuse as opposed to domestic violence? or would the same statute apply?

Domestic violence and the qualifying relationships are defined under PC 13700. Under the definition, even two males involved in a serious dating relationship can be involved in a DV as can two people just dating (of same or different genders).

13700(b) "Domestic violence" means abuse committed against an adult or
a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is
having or has had a dating or engagement relationship. For purposes
of this subdivision, "cohabitant" means two unrelated adult persons
living together for a substantial period of time, resulting in some
permanency of relationship. Factors that may determine whether
persons are cohabiting include, but are not limited to, (1) sexual
relations between the parties while sharing the same living quarters,
(2) sharing of income or expenses, (3) joint use or ownership of
property, (4) whether the parties hold themselves out as husband and
wife, (5) the continuity of the relationship, and (6) the length of
the relationship.​

- carl

 

[LSCAP]

I caught it with ChrisM and partner. Not boyfriend.

But I don't think it was a gotcha.

 

[Just Blue]

I caught it with ChrisM and partner. Not boyfriend.

But I don't think it was a gotcha.

California

My partner was arrested on July 2, 2009 and charged with California Penal Code 273.5(a) Spousal Abuse. This is his 2nd arrest in 36 days for the same charge and his 5th arrest for domestic violence in 2 years. The only time that he has been charged was the first time he was arrested. The second time, I refused to file on account that he would seek help and the case was never formally filed with the District Attorney's office (although i sustained horrible bodily injuries including two cracked ribs and black eyes, as well as property damage to my vehicle). The third time it was termed a District Attorney discharge on account of insufficient evidence. The fourth time the case was formally filed with the City Attorney, but i refused to testify again going on a promise of him seeking help for alcohol abuse and anger management. The case was ultimately dismissed and the charges were fully dropped. This last time, however, the police were called by neighbors and there is photographic as well as video evidence that i was able to capture. I did bail him out and have since moved out and he is "seeking" help with a substance abuse program. Do you feel that the case will be filed? Is he looking at any amount of jail time? How do you think that my reluctance to file in the past affect the outcome of this case?

Thanks!

CristianWhat is the name of your state (only U.S. law)?

 

[chrism851]

for those of you that think think that this message is a farse, the whole thing is true! for those of you who were way too quick to judge, i am not and have never been a substance abuser, I am a highly educated professional, and im way smarter than i came off in my original post. Yes the relationship i have left was homosexual in nature, and as i originally pointed out, highly abusive. I have received a subpoena to appear before a judge in a week and im still confused as to whether or not anyone thinks my ex-partner will get any jail time?! i will definitely advocate for it! what are your thoughts?! taking all angles into consideration!

 

[outonbail]

I am a highly educated professional, and im way smarter than i came off in my original post.

I don't see where anyone commented on how smart or educated you might be. Although I will say that most people who rate above the average level of intelligence, don't need to be beaten a half a dozen times, by someone abusing drugs and/or alcohol, to realize a relationship is doomed.
But since you brought it up, I have to admit that I would expect a little better grammar and punctuation to come from a "highly educated professional".

Yes the relationship i have left was homosexual in nature,and as i originally pointed out, highly abusive.

Homosexual in nature? Either it was, or it wasn't. But here again, the law applies regardless of what sex the abuser or the victim may be.

I have received a subpoena to appear before a judge in a week and im still confused as to whether or not anyone thinks my ex-partner will get any jail time?! i will definitely advocate for it! what are your thoughts?! taking all angles into consideration!

I can only suggest you appear at the time and location noted on the subpoena. Then answer any and all questions as truthfully as you can.

If you can find the time, please post back and let us know what the final outcome is in the case. This can help future site visitors seeking advice on what they should expect, if they should find themselves in a similar situation.

Good luck and in the future, don't let anyone beat up on you for any reason. No one deserves such treatment or the empty promises that go along with it.