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  1. #1

    Default Getting a Simple Battery Charge Dropped in a Domestic Situation

    My question involves criminal law for the state of: Georgia

    On Saturday my husband and I were drinking and he was drinking more than I was. We fought, and it went outside. The neighbors called police after he (allegedly) pulled my hair and locked me out-no bruises, blood, visible marks. I am not condoning what he did but I have been with him over nine years and this is a first time anything like this has ever happened. I do not want jail time for him, I want him to come home, and I want counseling and for him to go to AA.

    My questions are these:
    Do I have the right to refuse to testify at the arraignment (I have a suponea) and if it goes to trial based upon marriage? If I refuse to testify how will the court proceed? All I want is like I said above (probation is acceptable too).

    How can I appeal to the solicitor that I do not want to proceed? I understand it is out of my hands and itís the state but I believe as the alleged victim that what I think is best for my family should be taken into account.

    How do I appeal to the solicitor to modify the no contact bond to:
    1) Allow me to call him to discuss custodial issues re: kid including visitation meet times (public place), school and medical concerns as well as letting our kid talk to their father. (The no contact does not include the child only me)

    2) To allow for us to meet for family counseling

    3) To allow for him to return home until the arraignment due to the financial difficulties being place upon my family (he is unemployed right now and I can't pay for two places for shelter nor food)

    Finally, how can I contact the public defender for husband in order to see what the options are? I don't want him to plead guiltily unless itís with the provisions I stated above with counseling and AA. I tried to call the county public defender office but they would only release to husband.

    Any help would be nice, no one is telling me anything and I can't afford to consult an attorney on my behalf so I understand the process.

  2. #2

    Default Re: Getting a Simple Battery Charge Dropped in a Domestic Situation

    In Georgia you are able to claim spousal priviledge. Is this the best option? No one can answer that for you. Unfortunately, my personal experience would support the premise that once violence starts, no matter how long you have been together, it does not stop. I didn't believe it either, so I doubt you will believe me.

    I do suggest you reach out to your local domestic violence outreach center and discuss the situation with them. They can help you through the legal system and will support you whether you choose to stay with your husband or not.

    You mention wanting couples counseling. You might think about going to individual counseling rather than couples counseling. While couples counseling seems the obvious solution to marital conflict, experts doe not recommend it for couples experiencing some violence in marriage. It often has the unintended consequence of escalating the violence in the marriage, which if you are trying to reconcile would be counterproductive, right?

    AARDVARC will hopefully get on here and give you better advice than me. Either way, she runs the best website on domestic violence on the entire darn world wide web, www.aardvarc.org. There are resources by county and state for victims, as well as a ton of reading material, quizzes and more. Check it out.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Getting a Simple Battery Charge Dropped in a Domestic Situation

    Roughly, 75% of all DV victims recant their testimony.

    Therefore, DA's will, most likely, not base their case on whether or not you want it to happen.

    You need to be very careful. Saying that violence in your home is an accepted act... and allowing a person that would beat the crap out of you in public back into your home with no legal repercussions is doing just that... may be seen as putting your children in danger.

    A no contact court order is exactly that. An order... not a suggestion or a guideline... not something to be ignored if inconvenient or expensive. An order has the force of law upon those named within.

    Your husband contacts you, he goes to jail. STOP CALLING HIM.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  4. #4

    Default Re: Getting a Simple Battery Charge Dropped in a Domestic Situation

    Quote Quoting cyjeff
    View Post
    Roughly, 75% of all DV victims recant their testimony.

    Therefore, DA's will, most likely, not base their case on whether or not you want it to happen.

    You need to be very careful. Saying that violence in your home is an accepted act... and allowing a person that would beat the crap out of you in public back into your home with no legal repercussions is doing just that... may be seen as putting your children in danger.

    A no contact court order is exactly that. An order... not a suggestion or a guideline... not something to be ignored if inconvenient or expensive. An order has the force of law upon those named within.

    Your husband contacts you, he goes to jail. STOP CALLING HIM.

    I have had no contact with my husband at all-only arranged with a third party for pickup and dropoff in a public space (i.e. McDs) for visitation with my child, which was allowed according to the Sargent investigating.

    Also, he didn't "beat the crap" out of me in public. He only (allegedly) pull my hair on our front porch. As for legal repercussions, I am not saying he will get off free-I just don't think jail is going to help the situation at all. Probation and consueling is the ideal solution for all.

    Quote Quoting northmeetssouth
    View Post
    In Georgia you are able to claim spousal priviledge. Is this the best option? No one can answer that for you. Unfortunately, my personal experience would support the premise that once violence starts, no matter how long you have been together, it does not stop. I didn't believe it either, so I doubt you will believe me.

    I do suggest you reach out to your local domestic violence outreach center and discuss the situation with them. They can help you through the legal system and will support you whether you choose to stay with your husband or not.

    You mention wanting couples counseling. You might think about going to individual counseling rather than couples counseling. While couples counseling seems the obvious solution to marital conflict, experts doe not recommend it for couples experiencing some violence in marriage. It often has the unintended consequence of escalating the violence in the marriage, which if you are trying to reconcile would be counterproductive, right?

    AARDVARC will hopefully get on here and give you better advice than me. Either way, she runs the best website on domestic violence on the entire darn world wide web, www.aardvarc.org. There are resources by county and state for victims, as well as a ton of reading material, quizzes and more. Check it out.
    Thank you for the website, I will look into it for sure. We are currently going to individual counseling (or so his mother mentioned to me and what I saw on my healthplan claims-as I don't/can't/won't contact him til all is resolved or court).

  5. #5

    Default Re: Getting a Simple Battery Charge Dropped in a Domestic Situation

    i am in ga and charged someone with simple battery, am i correst in thinking i can NOT drop charges?

  6. #6

    Default Re: Getting a Simple Battery Charge Dropped in a Domestic Situation

    From what I have found out if its a domestic situation than no its up to the state of georgia to proceed with charges.

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