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LADYLAWYER
LADYLAWYER, Lawyer
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If one party has been charged with PC 245(A)(1) F FORCE/ADW

Resolved Question:

If one party has been charged with PC 245(A)(1) F FORCE/ADW NOT FIREARM:GBI, the other party has been charged with PC 273.5 F INFLICT CRPL INJ SP/COHAB (has prior dv) and neither wants to press charges do they normally appear at the arraignment hearing? Neither party appeared at the hearing (is that unusual?), the judge it was dismissed as no charges were being filed is it over and dropped? Or will the DA's office still prosecute?

Both parties are still in custody. I am the mother of a minor child of one of the detained.
Submitted: 3 years ago.
Category: Legal
Expert:  LADYLAWYER replied 3 years ago.

Hello,


Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

 

A defendant can waive their appearance at an arraignment, but it may not have been an arraignment hearing. If the charges were dismissed by the judge, it means the prosecutor (the DA's office) either agreed to dismiss them or the judge felt like there wasn't enough evidence to prosecute even though the prosecutor thought otherwise. Sometimes, it can take a day or two for someone to be released from jail after the charges have been dropped. Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.

Customer: replied 3 years ago.
Even with serious felony charges like these? These people have joint legal & physical custody of my minor child. Am I bound by law to return her to a home that is violent and unsafe where threats to human life are being made and weapons are being pulled out and used?

I have filed an request for an emergency domestic violence order asking that me & my 8 year old daughter be protected and that she not be returned to this home based on this recent arrest. The man has a prior, has a history of violence and alcohol abuse and the system is just going to let her return to a parent who left her unsupervised, without care and without protection?

If the charges are dropped and the DA is agreeing to also drop them, how does that affect the outcome of my request for custody of my child? How am I supposed to protect her?
Expert:  LADYLAWYER replied 3 years ago.

Hi,

 

Thank you for the additional information. A person would have no obligation to return a child to a home where the custodial parent is in jail. What's more, a court can order a change in custody based on an arrest--there does not have to be any conviction. Further, I simply do not have enough information to comment on what has happened with the criminal charges of these two people. You can always call the clerk of court at the criminal division and ask where they are in the process and what has been done so far. I don't know where you got the information about the judge dismissing the charges, but it should have NOTHING to do with whether each person did or did not want to press charges against each other.

LADYLAWYER, Lawyer
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