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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 10-19-2006, 11:43 AM
Devastated Devastated is offline
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Default Disgusted - DV Conviction
I apologize for the long post….

I'm a 49 years old professional, no run-in with the law ever, except for 2 traffic tickets, in my entire life. Non-residing stepdaughter claimed domestic violence; she pushed me down twice during an arguement and my house and I told her to leave the property; she's a big girl - 17 years old, 5' 11", 265 lbs. Wife was there and had to get physical with her to get her out of the room and calmed down. Police called, took a report and left. 2 days later, stepdaughter goes back to police department with black eye, busted lip, bruised cheek and says she wants to change the report. When asked why, she told the original responding officer that she "remembers now that I had punched her." He said those marks were not there the night of the incident and that she didn't state anything about me getting physical with her. He noted this on the amended police report.

Side note: She has a history of violent behavior and other psychological issues (ODD, obsessive compulsive, habitual liar, violent behavior, cutting, etc.).

Two months later, charges filed by Macomb County Prosecutors office (PA). Turned down all plea deals. PA forced a jury trial. At trial, only testimony that matched was mine, my wife's, and the two police officers. Her testimony didn't even match the first or second police reports. Even her own father stated that he doubted her story. I was found guilty. Judge denied PA's request for jail time and denied PA's request of a no-contact order for stepdaughter; told stepdaughter she could visit her mother in my home if I allowed it but he won't kick a man out of his own house. Finded $500 and one-year probation. My attorney stated that the judge didn't believe I did it but this judge doesn't go against a jury's verdict.

Based on all of this, I assume my only option is to complete probation, wait the statutory period, then apply for expungement and hope for the best; is that correct? Is there a speedier process out there where I can get this off my record quicker?

Thank you for your time.

Interesting Item: Never once was I asked if I had any weapons and on the probation form, Box #5 which reads "Not to possess or own firearms (**needed for NCIC check)", is not checked off. Only thing stated on the form is the $500 fine and the one-year probation.
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Old 10-21-2006, 10:15 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Disgusted - DV Conviction
You can wait and apply for expungement within the confines of what your state allows, or talk now to your lawyer about moving for a new trial or appealing.
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