Prosecutors Decline to File Charges Against Assemblyman Accused of Pushing Wife

October 19, 2010

As Ontario domestic violence criminal defense lawyers, we were interested to note last month that assemblyman Chris Norby, R-Fullerton, was being investigated for domestic violence. The investigation stemmed from an incident of Sept. 2, when a deliveryman discovered Norby and his wife, Martha Norby, arguing and called the police. The deliveryman reportedly told the police that the man had shoved the woman, leading prosecutors to consider domestic violence charges. But on Oct. 12, the Los Angeles Times reported that the Orange County District Attorney's office has declined to file charges against Norby, citing a lack of evidence to support them. The Norbys have told the media that neither of them pushed the other.

A previous Orange County Register article described the incident. On Sept. 2, the deliveryman came to the Norbys' Fullerton home and heard an argument. The Norbys later said that this was an argument about who should pick up Martha Norby's three children from school that afternoon. Martha Norby, 32, is pregnant with the couple's first child. Chris Norby said her doctor had recommended bed rest and that he was trying to convince her to take it easy. (Chris Norby, 60, was married three times before and has a 21-year-old son from a previous marriage.) He told the media that the argument was completely verbal, and Martha Norby told the Register that her husband had never hit her. The district attorney's office did not give specific reasons why the charges were not filed or say what charges were under consideration.

As Paramount domestic violence criminal defense attorneys, we would guess that the charge under consideration was domestic battery, the less serious of the two most commonly charged domestic violence crimes. Domestic battery is the crime of willfully inflicting force or violence on a partner, a definition broad enough to encompass any kind of unwanted touching. We do not believe that the district attorney's office would have dropped the case if it felt that there was evidence supporting that charge, even though Martha Norby denies that her husband pushed her. Precisely because battered spouses frequently deny the battery, California law enforcement is legally able to go through with prosecutions without cooperation from the victim. However, no prosecutor wants to lose a case, which means they do not bring cases with thin or nonexistent evidence. We suspect the word of the deliveryman was just not enough to support the charge.

Even if you're not an experienced politician, a domestic violence charge can have a major negative effect on your life and your work. In addition to jail or prison time, a domestic violence conviction can mean a restraining order keeping you away from your home, trouble in any child custody or divorce case, losing your right to use a gun, anger management classes and more. That's why people accused of domestic violence should call Howard Law, P.C. right away to discuss how our firm can help. Domestic violence is frequently a he said/she said situation with no witnesses other than the accused and the accuser. That means it's easy for accusers to blow the situation out of proportion out of anger or revenge, or even outright lie. Our Fountain Valley domestic violence criminal defense lawyers work hard to combat this kind of lie with physical evidence and any information about the accuser's motivations or history that could be relevant.

Howard Law, P.C. offers free, confidential consultations, so you can speak with us about your rights and your case at no further risk. To learn more or set up a consultation, contact us through our website or call 1-800-872-5925.