Case study: I am a victim of domestic violence

by | Aug 22, 2012 | Law Blog

The other day my girlfriend and I got into an argument inside of our car while driving. After pulling over on the side of the freeway I started yelling in her face and she pushed me away in defense and in doing so accidentally scratched my face. A cop pulled up behind us to see if we were ok and arrested my girlfriend for assault per domestic violence due to the scratch. The officer didn’t read her Miranda rights to her, can the case be dropped? She went to court and there is a no contact order. As the victim is there a way to lift the order so I can see my girlfriend? Also, what can my girlfriend do to go thru the court process as soon as possible? By the way, this is her first criminal offense.

Attorney Roe Responds:

She needs to consult with counsel. The consequences of a plea of domestic violence can be harsh. In CA, I have had many couples attempt reconciliation after an incident when orders were put in place. Usually, when they ask for my assistance, I will put the matter on calendar, explain the situation to the D.A. and then present the issue to the court. The judge will assess the situation, hear from counsel, perhaps ask a question or two, and then either vacate the no contact order or modify it to a no negative contact order. Good luck.