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Felony Battery...very stupid

My question involves criminal law for the state of: CA. My boyfriend was arrested friday night when the police were called by a neighbor who heard us screaming at each other. I am 8 month's pregnant and everything gets on my nerves right now and I ended up blowing up at him I Earlier in the night I was driving the car and we were yelling at eachother so I pulled over and tried to get him to get out of my car and he pushed me to the side to grab the car keys and ran out of the car. An hour later we were over that fight and on our way home. When we got home we started arguing again and he packed his stuff to leave and thats when things got loud and the cops showed. They asked me what happened and I told them how we argued earlier in the evening and he took my car keys. They asked me how he went about getting the keys and I told them he pushed me to the side to quickly grab the keys. now hes in jail any1 know what will happen?

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Anonymous

Asked by Anonymous at 3:10 PM on Feb. 24, 2009 in Relationships

Answers (4)
  • Depends on if you press charges? Or the state of California could press charges against your boyfriend even if you don't want to? I don't know.
    I lived in CA for 34 years and couldn't say for sure what you can expect. Maybe it's time to get a free consultation with a family law attorney.
    timelessglass

    Answer by timelessglass at 3:14 PM on Feb. 24, 2009

  • Yep he will be talked to by an OR Clerk who will determine if hes eligible for OR (own recog my aunt works in that dept in CA). If he has a job, a home, and is stable and someone other thenyou to vouch then he MIGHT get out and have to check in from time to time. If he doesnt then theyll set bail and he will have to be bailed out. The judge will say he isnt allowed to come back to the house, around you within so many feet, or have contact with you until the charges are dropped or the issue is resolved. You cannot drop charges if the police arrested him and you didnt ask for him to go to jail. Only the DA can make that decision.
    As for the child. If he comes home then the police or neighbors can tell CPS and they can become involved and take the baby and say theres domestic violence in the home. They can require that henot live there or take the baby, make him take anger mgt etc. Email me for more info.
    gemgem

    Answer by gemgem at 3:14 PM on Feb. 24, 2009

  • He put his hands on a pregnant woman in a potentially harmful manner? It doesn't look good.
    admckenzie

    Answer by admckenzie at 3:56 PM on Feb. 24, 2009

  • In a lawful sense ANY physical contact with another person that is unwanted can be termed as battery/assault (there is a difference between the two but the exact thing escapes me right now). Therefore when you stated he made physical contact with your body, you admitted that he battered/assaulted you. Plus add that to the arguing, the cops have a reasonable expectation that the fight could continue into physical violence and had motive to arrest him. I don't know how the felony part works in (maybe cause you are prego?)...or maybe another part of the law that I'm not familiar with. They can still charge him even if you don't press charges b/c you admitted it to them. But you may be able to talk with his appointed attorney to help clear things up since you are implying it was a misunderstanding. Please realize though the cops were looking out for your intrests and some women don't admit to abuse, so they were trying to help.
    ozarkgirl3

    Answer by ozarkgirl3 at 7:49 PM on Feb. 24, 2009

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