[c1367]

Last night, my boyfriend, "Jake" got into a physical fight w/ his brother, "Nathan." They were both drunk, one brother started screaming at the other, and fists starting flying. I thought this type of family disturbance was just that, limited to the family and resolved by the family. However, our neighbors reported the noise, and a cop arrested Jake on charges of domestic violence. They were both fighting, but since Jake is an adult and Nathan is a minor, the charges fell on my boyfriend. I was told by a Sheriff's Deputy that my boyfriend should instead seek a disorderly conduct charge, but I'm confused about why he should be charged in the first place. They were both fighting, so why should my boyfriend be singled out?

[aaron]

They were both fighting, but since Jake is an adult and Nathan is a minor, the charges fell on my boyfriend.

I think you found the reason, right there.

Could they also have arrested him for furnishing alcohol to a minor? There's another reason he may have been singled out.

[c1367]

The only charge my boyfriend faces is domestic violence b/c we did not and will not furnish alcohol to a minor. The problem with Nathan is that his mother, on the other hand, has no problem doing it and gets upset if anyone tells her youngest son what he should and shouldn't do. Nathan was drunk when he arrived at our apartment, and all we were trying to do was settle him down. Nathan is a nice kid, but b/c of a lack of guidance and parenting, he's headed in the wrong direction. My boyfriend and I try to help him out, but w/o the support of his mother (his legal guardian), our efforts always fall flat. I don't want to give up on him, but it's getting harder and harder for us to get involved b/c of situations like this where we are the ones who get burned in the end.

Personally I feel that the family's background and problems are relevant to the situation at hand, but how do we get a judge to listen and look past the surface of last night's events?

[aaron]

how do we get a judge to listen and look past the surface of last night's events?

Your boyfriend should probably consult a lawyer to determine what defenses and strategies might work for him.