Domestic Advise. Will I be able to stay in the Residence.

Thanks for your last answer, However, This is not my second offense. I have never been in trouble with the law. As for shaking he, it was just a grab, of course she will say otherwise. She is a girlfriend, not my wife. We have been living at this house we bought for 5 years. Sorry for the confusion, and thank again. However, She and I still are here, she comes and goes to whereever. I sleep downstairs. I am looking now for a place to stay. The house will be going back to the bank at some time. I will call bank to hurry. She said she wiill drop charges when I move. I will get legal advise asap

Asked on July 6, 2009 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Remember, even a grab can constitute an act of domestic violence.  If this is your first offense then it will be charged as a misdemeanor not a felony.  A stay way order will probably not be issued in this case.  However what I said before still holds true, you should stay as far away as possible from her; obviously this would mean moving out.

Again, as I noted previously, it is not up to her whether or not the charges are dropped.  It is up to the prosecutor.  However, without her testimony a conviction would be more difficult.  Since I don't know what other evidence they have, for example, pictures of bruises, or your own statements or those of witnesses, I cannot say for certain if the case will be dismissed.

The fact that you have an otherwise clean record will be of help.  For a second offense the DA would almost certainly prosecute.  Also, if there should be a conviction here (hopefully for your sake not so), then being a first time offender would also affect your sentence; you would most probably get off with a lesser penalty.  As you know by now you need to speak with an attorney.  Tell them your whole story.  Listen carefully to what they have to say.  Then take their advice.

Best of luck with all of this.  I'm glad that I could be of help to you.

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