spousal abuse

I have two friends that were fighting...things got out of hand and he pushed her and she fell. She didn't fall hard nor did she get hurt. Drinking was also involved. She called 911, he took off. The police came and she said she didn't want to press charges and she also told them she wasn't hurt. He thinks he still can be arrested. In know the laws are city by city, they live in Petaluma, CA. Can he be arrested without her pressing charges?

I am not a lawyer, but I have studied law for quite some time. It is to my understanding that if she doesn't press the charges, then he has nothing to worry about. Only the victim can press charges in a domestic matter like this. Make sure that he knows that it can never happen again.

I disagree with the advise you were given. If the officer sees and believes there was violence, especially, domestic violence, the officer is legally obligated on behalf of the people of CA to send the report to the DAs office.

The DAs office will probably drop the case due to lack of evidence, but it is all at the DA's discresion.

I have been in similar situations and my spouse was taken into custody, even though I refused to press charges. He was later released, prior to seeing the judge, and all charges were dropped.

Okay, my friend has been arrested, just a few hours ago. The police took him to county jail and said he has to stay there until he gets a hearing within 48 hours. How can I get him out now?

you can bail him out, but it's a lot of money. There is a change he will be released prior to his hearing for lack of evidence.
Most likely when he sees the judge, he will be release on his owm recognince (?). You will still have been out the percentage of bail the bondsman keeps.

If she doesn't want to press any charges, then it won't hold up in court, as long as she tells the judge that she doesn't.
What was the charge? I can give you an idea what will happen. Also, was it a first offence? If it is, he will most likey be released. Do you know if an order of protection has be made by the judge yet? Usually, that is the first thing the judge does during arraingment for a domestic case. Keep it posted. How much is the bail? I'm assuming he's be arraigned already...

Thanks for all your responses. This has been very new to all of us. This is the first offense and the charge ended up being misdemeanor battery. I don't have a lot of information (the police don't tell you much). Bail ended up being $15,000, which I posted. I think there will be a hearing within 48 hours but I'm not sure. Part of what I don't understand is that he went home and the police stopped by and were talking with him. He admitted pushing her and that's when they arrested him. I thought if they didn't witness the crime or if there wasn't any injuries or if the person didn't want to press charges then the arrest shouldn't have been made.

Hmmm... I know in NY the max bail is $5,000. Well, I have come to the understanding that if someone says they did something, even though no one wants to press charges, then the person can still be arrested. The best thing to do was to probably deny it, then your friend could have avoid all this trouble. If she still doesn't want to press charges and he agrees to the fact that he didn't, then it would be dropped. I am just saying that so he can stay out fo trouble, whether he did it or not. I have been in the legal system for quite a while now... it's a scary thing to have to deal with

So I kinda found out that if she recants her statement in an affidavit and then he denies it then can he get off? Can she be charged then with filing a false statements with the police when she called 911?

Another few questions, would bail be so high because he would be considered a flight risk because he left the scene? Also do you still think this case can be dismissed? What is the usual penalty if it is not dismissed? Would there be jail time involved? Thanks for your help.

I don't remember you saying that she made a statement that was filed. That is bad news. Yes, she can be charged for filing false statements. I believe that he has to press that charge. Yes, he can get off if she files an affidavit that says he didn't and he says he didn't. Is there an order of protection for her?
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The bail was high probably becuase of the type of charge. The charge states that he is violent. Judges don't like things like that and are usually extra specially harsh on those people. I don't really think that leaving the scene had anything to do with it.
Well, it is possible to get it dismissed, but it depends on both parties. Well, for a usual sentence, it depends. If it the first offence he might just get probation, depending on how the judge see's it. I know from experience that judges like to put people like that in jail for a few months at least. Make sure he does things that could infuence the judge to be lenient or have her tell the judge in person that she wants the charges dimissed and that he didn't do it. You could have her say that she was afraid that he "might" do it. That would be a good idea, if you and her want him off. Jail time? Well, keep things posted. Try to post the plea bargain before he accepts it. There is a good chance of jail time, usually at least a few months, if he gets convicted. No Problem, I'm always willing to help.

I don't actually know if she made a statement to police. They came that night and she told them what happened and said she wasn't hurt and told them that she didn't want to press charges. Is that making a statement?

Well, the police can use what she told them. The police usually form a statement out of it. Also, it is very unusual for the police to convict anyone when the accuser denies wanting the defendant convicted. This means that if she doesn't want him with a record, then she should tell the judge that she isn't pressing charges and if the judge orders a trial, then she will testify that he didn't do it. That would take care of the evidence. That means he will be free.

Friend....doubtful on jail time. Spoke to JD and he indicated that friend at school in exact situation, he served no time after initial arrest, but both regretted the fact he had a record for something they both admit was overblown and she has regrets about whole situation of calling 911...cost him $$$$ and humilation, record etc. They reconciled. Only hope he and she can.....sigh. concerned about filing false affidavits in light of police reports....could be a problem. We need to discuss before he returns his forms to attorneys. Keep me posted. Tam

They are filling out forms to give to his attorney today. I have no idea what they say, I've just been the go between. You've made me feel better that this can be dismissed. I think regrets have already been said but no reconciliation yet...we'll see. Any other advice?