QUESTION
What can we do to avoid jail time if my husband was recently arrested for domestic violence and child endangerment?
Asked on Jul 06th, 2014 on Criminal Law - California
More details to this question:
He did slap me hard, while my 1 year old was present. My landlord called the police which then led to arrest. He has a felony. On Monday, July 7th, is when we will find out if the DA picks up charges or not. I’m nervous about the outcome. I don’t want him to get a court order of staying away from me or my daughter. He’s my supporter. He’s the only one who works and the only one that drives. I do need and rely on him for everyday things. He has a full time job 5 days a week 9 hour shifts. We can’t afford him losing this job. We’re hoping to plea with the DA and judge that he will take the necessary classes and pay whatever fine, also being on probation. We just can’t afford jail time or a court order of keeping us apart. What advice can you give? This is his first time for domestic. We’ve been together 6 years, married for 3 and have 1 year old baby. It was a big mistake on his part, but again I can’t lose him.
3 ANSWERS
Instead of worrying about the jail time, he needs to focus your attention on how he can avoid being convicted. A DV conviction has far-reaching consequences. For one, he will lose his gun rights for life. Second, he will be forced to attend a long and expensive 52-week class. Since DV often involves unwilling witnesses and a lot of he said she said, he needs to find the best lawyer he can afford to try and beat the case.
Answered on Jul 08th, 2014 at 10:05 AM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
You should think about whether you really want to stay with someone who hits you, but you should go to court and when they try to issue a protective order tell the judge you don't want it. You might also ask to speak to a lawyer to represent you and discuss your rights.
Answered on Jul 08th, 2014 at 10:01 AM
Arbitration Attorney serving Irvine, CA
at
Law Office of Linda K. Frieder
Update Your Profile
You need to hire an attorney - now.
Answered on Jul 08th, 2014 at 9:59 AM