Will my boyfriend go to jail for domestic violence?

My boyfriend has been arrested for domestic violence. While I believe he tried to get me to move out of his way, the gist of it is that I slipped in my high heels and fell. He became frightened and called 911, almost always a mistake in my opinion. Even though he called the police, he was arrested. He was also arrested eleven or twelve years ago while going through a divorce. I don't know the outcome. Should we be worried about jail time?

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Answered By: Dennis Roberts, a P.C.

Call now: (510) 465-6363

The only way he can be convicted of spousal abuse (domestic violence) is if you testify against him. Yes, his calling 911 was a major mistake. Perhaps you should look for a smarter boyfriend. Talk to his lawyer about how to deal with your not wanting to testify against him.

Answer Applies to: California - Replied: 10/5/2011

Answered By: Law Office of Edward J. Blum

Call now: (213) 479-5322

You both need to obtain lawyers. Yes you should be worried about jail time for your boyfriend.

Answer Applies to: California - Replied: 10/5/2011

Answered By: Law Office of Eric Sterkenburg

Call now: (562) 477-6940

If the incident happened the way that you said and your boyfriend is out of custody it would not be a case that the prosecution would want to pursue. If he is in jail there are some judges that will issue the max. bail and make it so that he is held over in custody until the pretrial. His best option is to consult with an attorney on this incident.

Answer Applies to: California - Replied: 10/5/2011

Answered By: Law Office of Jeff Yeh

Call now: (213) 446-2495

Not just jail time, but he would have to complete a 52 week DV class, which is expensive and a real pain in the neck. Contact an attorney, who may be able to take advantage of the fact that prosecutors don't like DV cases, because they usually involve a lot of he said she said and victims who don't want to participate in the court process.

Answer Applies to: California - Replied: 10/5/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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