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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Can a wife be charge with a felony domestic violence for

Customer Question

Can a wife be charge with a felony domestic violence for small busted lip on her husband?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard
Generally, any injury to someone who is a spouse or in a relationship can result in a domestic violence charge.
If you provide me with the state you are referring to, I can get you the law for more accuracy.
Customer: replied 2 years ago.
My husband and I were in a small argument. During the heat of the moment we were at each other. He has a busted lip. It is a very small injury. He is charging me with a felony domestic violence charge and made up lots of things about me and put a temporary restraining order on me. I am in CA.
Customer: replied 2 years ago.
Are you still there?
Expert:  Samuel II replied 2 years ago.
HelloThank you. I am sorry this situation has arisen. HERE is how California Defines Domestic Violence(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. HERE IS the link for the law as it pertains to DV AssaultPhysically hurting or trying to hurt someone, intentionally or recklessly;Sexual assault;Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); ORBehavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property. The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets
Expert:  Samuel II replied 2 years ago.
HelloYes, I am here. Thanks for your patience while I provided the information in this regard.I suggest that if you are charged, you can have you attorney try to negotiate with the District Attorney stating this is an isolated situation. There has not been any other incidents and it is possible the DA, with the consent of your spouse, would place this on a deferred judgment
Expert:  Samuel II replied 2 years ago.
A deferred judgment means that you plead guilty and a probation is established to include anger management and possibly family counseling, if your husband is amenable and you want to work things out.
Expert:  Samuel II replied 2 years ago.
Once all terms of that probation are complete, then you can petition the court to have the matter expuged. And the guilty plea will not appear on your record.
Expert:  Samuel II replied 2 years ago.
If you got an invite for a phone call, that is automatic from this site. I do not participate in the phone calls offered by this site. But we can continue here. And I appreciate your patience while I collect the necessary information to answer your questions.
Expert:  Samuel II replied 2 years ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you