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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 06-11-2005, 04:20 PM
jlh27 jlh27 is offline
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Default Domestic Violence Civil Protection Violations
My ex-boyfriend beat me a few months ago and he was arrested for domestic violence...I was to. I was devastated when this happened...I thought the police department was suppossed to be there to help people like me...boy did I learn differently! I had five individual witnesses to the situation and the police did not talk to one of them and they only spoke to me for 3 minutes and have an additional three witness to that. I didn't even hit him...he literally would of killed me if I did! Anyway, my charges were dismissed yet I know that I should of not been put in that position to begin with. I am a political science major and plan on attending law school next year and this situation could of ruined my career. Do you have any advice to maintain that this never happens to anyone again?
I also have a few more questions:
My ex pleaded No Contest and was placed under a pre-sentence investigation. I have already met with the probation department whom conducts the report. It has now been over 3 months and he is now attempting a motion to vacate his plea. What are the chances of this happening? He has a lengthy criminal record, yet only with M's. And if it is vacated how should I expect to be treated during the trial by his attorney?
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Old 06-12-2005, 02:49 PM
aaron aaron is offline
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Default Re: Domestic Violence Civil Protection Violations
Quoting jlh27
Anyway, my charges were dismissed yet I know that I should of not been put in that position to begin with.
Probably not that you want to hear, unless you can honestly state that this was the very first incident of domestic violence in this relationship.

Quoting jlh27
My ex pleaded No Contest and was placed under a pre-sentence investigation. I have already met with the probation department whom conducts the report. It has now been over 3 months and he is now attempting a motion to vacate his plea. What are the chances of this happening? He has a lengthy criminal record, yet only with M's. And if it is vacated how should I expect to be treated during the trial by his attorney?
Judges are typically reluctant to allow defendants to withdraw from valid plea agreements. If the plea is withdrawn, the case would presumably go to trial, and his attorney would presumably attempt to undermine your credibility.
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