[windycitywife]

...and charged with battery / domestic violence. He was under the influence of drugs or alcohol or both. This is not the first time I have called to have the police escort him out, however it is the first time I am pressing charges. I have had the police at my home approximately 12-15 times in the past 13 years. I have a court date and was told I may not qualify for an order of protection because we both live in the same home. Does this mean I HAVE to move in order to get protection? He was arrested at 3 am. He will be in jail awaiting court until Monday. I have very little time to arrange things before he gets out and I would like advice on what I should focus on first.

We have two boys 10 and 13 and both were present and have been present during the previous times my husband has done this.

What can I expect from following through with this? Will he be put in jail? What are the convictions usually given out? Can the judge order him into treatment? What about my children's & my safety once he is out of jail?

I will be starting divorce proceedings or at least a legal separation and moving before the next few months pass, but what about right now? Suggestions?

(P.S. I have no family in the state to depend on or I would have moved in with them already)

[aaron]

I don't know who told you that you might not qualify for a PPO. In some courts, there is an automatic order as a condition of any bail in a domestic violence case that a defendant not return to the family home until the charge is resolved (or the order is otherwise lifted). It's a matter of local practice; but the fact that you live together, of itself, shouldn't automatically disqualify you from obtaining a protective order. (Granted, some judges are probably reluctant to leave even an abuser homeless.)

The disposition of your husband's charge will depend upon the specifics of the charge, his conduct, his prior record (if any), and local sentencing policy. A local criminal defense lawyer may be able to give you a pretty good estimate of the likely outcome of the charge - and also whether the court is likely to impose any restrictions on him as a condition of his bonding out of jail.

Given that you plan to proceed with a divorce, I suggest you contact a family lawyer in your county to advise you on the issue of a PPO, and to start preparing the divorce paperwork.

[windycitywife]

Thanks for the reply. The arresting police officer stated that 'more than likely', I would not be able to get an order of protection based on the living situation. I would be more comfortable following through at court if I knew i was safe at home until that date. I will find an attorney in town and see about what needs to be done.

Thank you for the fast reply.