QUESTION
Is there any advice on what to do for my husband?
Asked on May 25th, 2013 on Criminal Law - North Carolina
More details to this question:
My husband went to jail Monday. He was charged with violating restraining orders. Which he was only aware of one and not all the rest. He was told by his mother he could come back home and then he got in trouble for it. And false assault charges are being put on him. And this is all violating his probation. But to top all that his parents knew taking him in to their house meant they could not bring drugs, alcohol, and other felons into the house because that could cause him to be violating his probation laws. They did it anyways. I really don't think what is going on is fair and I am trying everything I can to help him and show everyone this is all messed up and crazy. Well thank you for your time I am really hoping to get some advice I can use to help.
3 ANSWERS
Violating his restraining order is a violation of his probation. This is true for one order or more. He will be in court to admit or denies the violation. If he admits it then the judge will determine the punishment with the impute of the probation department, the District Attorney, and his attorney. If he denies the violation, he will have a formal hearing. This is like a trial in front of the judge.
Answered on May 28th, 2013 at 11:57 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The only advice I can give you is to contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on May 28th, 2013 at 10:27 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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You don't get charged for violation restraining orders that you have not been served with and don't know about - so basically, he did something he knew he wasn't suppose to do. Also, presumably, he is a grown man so you can't place the blame on his parents for fostering a bad environment when he could have simply chosen to leave. So basically, none of this is 'messed up, crazy or unfair'. Your grown husband made incredibly poor choices and is now paying the consequences for those choices. He will either learn to behave appropriately or he won't. If not, he is likely to continue to stay in trouble with the law.
Answered on May 27th, 2013 at 8:41 PM