MY BROTHER HIT HIS WIFE

Question Details: my brother's wife called the police because my brother hit her. he left before the police got there. what is going to happen now?

Asked 10/14/2009 under Criminal Defense | 227 View(s) | More Legal Topics

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Michael L. Becker, Esq, / Law Offices of Miller & Becker Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

Depending on the circumstances, an arrest warrant may or may not go out.  The police could simply take a report and forward it to the local prosecutor or may do nothing at all.  If your brother's wife had no visible injury and/or hit him first, the police might decide that your brother was acting in self-defense.  That he left before the police got there really doesn't mean anything- leaving is often the best idea to diffuse a volatile situation.  They may advise his wife to seek a restraining order but she is not legally required to do so.   

There's a very good chance that your brother's wife will get a court order keeping him out of the house and away from her, because he's committed an act of domestic violence.  He'll be served with a temporary order, first, and a notice for the court date.  He can go to court and contest the charge.  If the court finds in favor of the wife, a permanent restraining order will get issued.

Your brother needs a lawyer.

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