Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Domestic Violence charges against wife.

One of my friends have been filed with an Assault 4 domestic violence charge for biting her husband, the cops took photographs of the few nail scratches and biting.
How seriuos is this? She has a hearing soon. She has a criminal lawyer defending her. How bad is this? The husband doesn't want to pursue any charges but the prosecutors office will proceed any way as usual. Can she win this case? what will she get if she is found guilty?

 
Anonymous

Asked by Anonymous at 2:49 PM on Apr. 27, 2009 in Relationships

This question is closed.
Answers (5)
  • "As I said, the request to prosecutors to drop the case has been done and ignored and the court date for the first hearing has been fixed. "


    I've worked in family law, the husband has to talk to the states attorney the DAY OF the trial or have her lawyer talk to the states attorney. If this is her first offense she will likely get put on stet docket. Either way she HAS to go to court and face the judge period, no ifs ands or buts about it. If she gets a real a$$hole judge, she could face up to 5 years in prison. Assault is nothing to play around with. Might help if she asks the judge for anger management classes and says that she's leaving the marriage.

    legalmommy101

    Answer by legalmommy101 at 3:41 PM on Apr. 27, 2009

  • If her hubby is going to drop it he needs to talk to the states attorney and let them know that he doesn't want to pursue charges. At that time, her defense attorney and the state attorney will cut a deal and most likely if it was her first offense, her case will be put on stet docket, which means she is neither guilty or not guilty. If she gets any more charges during that year, those charges will be brought back against her. I would give your friend the advice that she needs to get out of the relationship she's in since she's physically hurting him. The husband CAN bring those charges back on her at anytime during this year. So her best bet is to get out of the relationship asap!

    legalmommy101

    Answer by legalmommy101 at 2:59 PM on Apr. 27, 2009

  • This is very serious. Alot of women don't believe they can be arrested for domestic violence, that only men get in trouble for it, but more and more, women are the ones getting arrested.
    Anonymous

    Answer by Anonymous at 3:24 PM on Apr. 27, 2009

  • Hopefully she goes to jail. Men and women who abuse belong behind bars. I feel for any kids she has they will be next since her husband is a moron and stays with her. She probably won't serve anytime so she needs therapy and needs to have people who are not yes people to her and let her know she does something like this again she won't have anyone.
    Anonymous

    Answer by Anonymous at 3:26 PM on Apr. 27, 2009

  • It was a mutual combat between husband and wife and this happned because she was trying to go out of the house to avoid further altercatopn and the husband would let her go as he thought she is leaving him. The husband called 911 as he stupidly thought they will bring a compromise, instead they took photographs and left and now charged her.
    The question here keeping apart the opinions whether she should be punished or they should live together is that what are the next steps to get this charges dismissed as both husband and wife wants this go away. As I said, the request to prosecutors to drop the case has been done and ignored and the court date for the first hearing has been fixed.
    maddypremi

    Answer by maddypremi at 3:36 PM on Apr. 27, 2009