• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Domestic Violence

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

blk69

Junior Member
What is the name of your state? CA
My son was out on parole & his girlfriend had him arrested for domestic violence. He is still in jail awaiting the hearing/sentencing; they have kept putting it off since March.
The girl wants to drop the charges, but they won't let her. Is there any way or anything she can say that will make them drop the charges? They also added 30 charges just for him talking to her on the phone. The restraint order was not made by the girl but by her lawyer. She never saw it.
He took 6 months in jail for violating his parole, he has served 1/2 of that awaiting for this one to be settled.
Please help. I have cancer, I don't know how much longer I will be here & I would like to have him home. Is there ANYTHING she can do to get the charges dropped?
 


Just Blue

Senior Member
What is the name of your state? CA
My son was out on parole & his girlfriend had him arrested for domestic violence. He is still in jail awaiting the hearing/sentencing; they have kept putting it off since March.
The girl wants to drop the charges, but they won't let her. Is there any way or anything she can say that will make them drop the charges? They also added 30 charges just for him talking to her on the phone. The restraint order was not made by the girl but by her lawyer. She never saw it.
He took 6 months in jail for violating his parole, he has served 1/2 of that awaiting for this one to be settled.
Please help. I have cancer, I don't know how much longer I will be here & I would like to have him home. Is there ANYTHING she can do to get the charges dropped?

What was your son on probation for?

The victim is not pressing charges the State is. She lost control of the situation when she placed the call to the police. If she didn't want him to go to jail for assaulting her then she shouldn't have called the police. He was served with the RO, he knew he has a RO and yet he called her anyway...Each time he called was a violation of the RO.
I also suggest you stop calling her and discussing this case, or the DA could consider that 3rd party contact , that would add more violations on to your son's charges....If could also be viewed as witness tampering. Live this situation alone...your son assaulted his girlfriend and is now dealing with the consequences of his actions.
 

CdwJava

Senior Member
blk69 said:
My son was out on parole & his girlfriend had him arrested for domestic violence.
Actually, unless she signed a private person's arrest, it was the state of California (through it's agent - the police) that had him arrested, NOT the girlfriend.

He is still in jail awaiting the hearing/sentencing; they have kept putting it off since March.
That's his lawyer's fault. It would seem that he has waived time (to a speedy trial).

The girl wants to drop the charges, but they won't let her.
That's because it is the state of CA that is prosecuting him, NOT the girlfriend. The DA is pursuing the matter on behalf of the people. On a side note, the DA expects her to want to drop the matter - more than 3/4 of domestic violence victims seek to drop the matter within 48 hours, and many will even commit perjury or otherwise risk jail for themselves in order to protect their attacker.

Is there any way or anything she can say that will make them drop the charges?
Directly? No. She can only speak to the DA and ask.

They also added 30 charges just for him talking to her on the phone. The restraint order was not made by the girl but by her lawyer. She never saw it.
30 restraining order violations!?!?

It does not matter that SHE never saw it, what matters is that HE knew of the order ... apparently he did.

Oh, and if she is the victim, SHE does not have a lawyer - unless she hired one to seek the TRO, and this is very rare. What likely happened is that the judge sought a criminal protective order or a restraining order at court due to some concern for the girl's safety.

He took 6 months in jail for violating his parole, he has served 1/2 of that awaiting for this one to be settled.
Ah! Okay, that may explain the time delay thing.

Please help. I have cancer, I don't know how much longer I will be here & I would like to have him home. Is there ANYTHING she can do to get the charges dropped?
HE made this decision to assault her and violate the restraining order. SHE has no control over the prosecution of the case.

I am very sorry for your situation, but I have no sympathy for his (assuming, of course, that he is guilty).

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top