QUESTION
My daughter’s father was arrested for domestic violence on his girlfriend and he has a prior DV charge, how much time will he get?
Asked on Jan 10th, 2017 on Criminal Law - California
More details to this question:
Having a prior domestic violence charge obviously does not look good for his situation however this incident he did not touch her. She has a restraining order on him but she went to his residence and started an argument he is the one that called the cops because I told him next time she goes to your house and starts arguing with you call the cops because I was under the impression when a person has a restraining order against someone it works both ways does it not just like he can't go near her because of the order isn't she not to go near him as well and by doing so isn't she violating her own order against him. I'm confused on if he called the cops on his girlfriend because she wouldn’t leave his house and was causing a scene why is it that he was arrested.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless it is a mutual order, restraining orders only go one way. The person being restrained cannot contact the person holding the order, but the person with the order can do pretty much whatever they want. I know that makes no sense, but that's the way it is. If this happened at your daughter's father's home, he may have a defense. Either way, he needs to hire an experienced criminal defense attorney to help him. His prior DV conviction will work against him and depending on how the charges are filed (Misdemeanor or Felony) he could be looking at anywhere from one year to three years in jail.
Answered on Mar 11th, 2017 at 6:16 AM
That depends on how good his lawyer is. A DV with a prior can be filed as a felony, FYI.
Answered on Mar 11th, 2017 at 6:16 AM