Every day, thousands of people are arrested for spousal battery in California. In the majority of those cases, the alleged “victim” does not want their attacker to be prosecuted or face jail time. The Irvine spousal battery attorneys at Wallin & Klarich have heard several reasons given by alleged victims who do not want to testify, including:
- They feel they overreacted and are sorry they called 911 or the police.
- They feel they exaggerated their statement to the police due to anger or other motives.
- They did not give an accurate account of the events to the police because they were under the influence of drugs or alcohol.
- They need the “perpetrator” of the spousal battery to be free from custody because he works and supports the family.
- They do not want the “perpetrator” to have a criminal record as it will impact his/her ability to obtain or keep employment.
- They want to reconcile with the perpetrator and he/she wishes to go into therapy to resolve their domestic issues.
However, the prosecutors do not care that the alleged victim wants the charges dropped. It is the prosecutor’s job to obtain a conviction in all spousal abuse cases. So, what happens when the prosecutor wants a conviction but the alleged victim will not cooperate?
Can the Judge Order the Alleged Victim to go to Jail until He/She Agrees to Testify?
The good news is that the answer is no. California Code of Civil Procedure Section 1219 states:
“Notwithstanding any other law, no court may imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt when the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime.”
If the alleged perpetrator or alleged victim of spousal abuse or domestic violence retains an experienced Irvine criminal defense lawyer to assist him/her, this law can be brought to the attention of the prosecutor and the judge. This will leave the prosecutor with a very difficult case to prosecute successfully. Unless there are other witnesses who saw the alleged spousal abuse or other competent evidence, this could lead to getting the criminal charges dismissed.
How the Irvine Spousal Battery Attorneys at Wallin & Klarich Can Help
At Wallin and Klarich, we have been staying on top of the law for over 30 years. The experience and legal knowledge of criminal laws in Orange County will often make the difference between being found guilty or going free. The Irvine criminal defense attorneys at Wallin & Klarich have the familiarity and skill necessary to get the best outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a Wallin & Klarich criminal defense attorney near you wherever you are located.
We can make the difference in your case. Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.