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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #881  
Old 06-25-2016, 10:25 AM
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Quote:
Originally Posted by tripplekrazysix View Post
nope dont think its wrong infact i think others who commit burglary or rape also should be banned too DV should also have their voting rites taken away no reason to commit DV in the first place u can walk away!
There have been MANY situations where the gf/wife tries to physically restrain her partner from leaving, resulting in the male getting a misdemeanor charge from "walking away" as you put it. If you grab your partner's arm to remove it from the door knob, you've just committed a DV crime. If she grabs you by your waist as you are walking away and you grab her arms to free yourself, you're done. Sometimes it's not so easy to just "walk away".
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  #882  
Old 06-26-2016, 8:23 AM
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Originally Posted by tripplekrazysix View Post
nope dont think its wrong infact i think others who commit burglary or rape also should be banned too DV should also have their voting rites taken away no reason to commit DV in the first place u can walk away!
In some cases, most would agree with those charged with a violent DV (Felony), buts it just now been explained to you that a misd. DV probably doesn't warrant a freaking lifetime ban! You are just blanketing the whole DV thing with the broad brush of a wife beater.

This emotional way of looking at this is why it's being such a ***** to correct. Take some time and really understand that many people are BANNED FOR LIFE for a misdemeanor that in many cases didn't involve so much as touching another person!
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  #883  
Old 06-27-2016, 11:54 AM
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Originally Posted by MrBlazito View Post
There have been MANY situations where the gf/wife tries to physically restrain her partner from leaving, resulting in the male getting a misdemeanor charge from "walking away" as you put it. If you grab your partner's arm to remove it from the door knob, you've just committed a DV crime. If she grabs you by your waist as you are walking away and you grab her arms to free yourself, you're done. Sometimes it's not so easy to just "walk away".
What's to stop you from arguing that was an attack and your actions were self defense?

Has this ever been tried?
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  #884  
Old 06-27-2016, 1:19 PM
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Gotta be real careful who you get involved with. The way laws are now, women can eradicate your gun rights in an instant.

During my divorce 30 years ago, my ex wife told police that I "picked her up (200 lbs) & threw her down onto a sofa, then threatened to shoot her brother. She had some bruises on her arm from me holding her wrists while she tried to hit me. I'm sure if that happened today, I'd be a former gun owner.

Last year, a friend spent four days in jail after he had a verbal argument with his wife & she decided she was "hurt." She called police & showed them a bruise on her shoulder she received a day earlier when she slipped on the kitchen floor. They're divorcing & they have a 2-year-old.

Hormones can be costly.
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  #885  
Old 06-27-2016, 1:58 PM
JDoe JDoe is offline
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Originally Posted by lowimpactuser View Post
What's to stop you from arguing that was an attack and your actions were self defense?

Has this ever been tried?
Doesn't work that way. Self defense is no excuse. Defend yourself and your goose is cooked 9.999 times out of 10.
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  #886  
Old 06-27-2016, 11:43 PM
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Doesn't work that way. Self defense is no excuse. Defend yourself and your goose is cooked 9.999 times out of 10.

1000% true statement from JDoe.
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  #887  
Old 03-05-2017, 7:53 AM
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I'll post this here because even though this thread is old, there are a lot of people subscribed. There were orals in a case about "the least touching".

http://www.calguns.net/calgunforum/s...1189792&page=2
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Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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  #888  
Old 03-16-2017, 4:59 PM
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Originally Posted by lowimpactuser View Post
What's to stop you from arguing that was an attack and your actions were self defense?

Has this ever been tried?
More than likely, and I suspect that was considered an "admission of guilt" in the DV charge. At best you're probably only taking about getting BOTH parties a lifetime ban.
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  #889  
Old 03-20-2017, 11:22 AM
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Quote:
Originally Posted by MrBlazito View Post
There have been MANY situations where the gf/wife tries to physically restrain her partner from leaving, resulting in the male getting a misdemeanor charge from "walking away" as you put it. If you grab your partner's arm to remove it from the door knob, you've just committed a DV crime. If she grabs you by your waist as you are walking away and you grab her arms to free yourself, you're done. Sometimes it's not so easy to just "walk away".
Quote:
Originally Posted by JDoe View Post
Doesn't work that way. Self defense is no excuse. Defend yourself and your goose is cooked 9.999 times out of 10.
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Originally Posted by Wherryj View Post
More than likely, and I suspect that was considered an "admission of guilt" in the DV charge. At best you're probably only taking about getting BOTH parties a lifetime ban.
I am not a lawyer, prosecutor or a cop but I have seen someone arrested for normal human behavior, that most people have done. No striking, or what most considerviolence.

This thread has become more of a public service announcement. Go listen to the orals from US v Castleman where justice Scalia was asking the government lawyer what was enough "violence" for a lifetime ban for DV against a child or spouse. The whole court was laughing at things like soap in the mouth and touching every so slightly with the tip of a finger. Those were ruled as more than enough violence for a lifetime ban.
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Quote:
Originally Posted by Wherryj View Post
I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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