I want to ask about a situation with my parents. My dad has been physically abusive with my mom for as long as I can remember, but we've never called the police for fear he'd go to jail for a little while, get out and come home pissed off we got him put in jail but the last time he did it I told myself next time he lays a finger on her I would call.
Last month my dad was on the phone in their bedroom and my mom tried to take the phone away from him. She wanted see how he'd react cuz he always takes the phone from her when she talks on it. When she reached to take the phone from him she didn't even get a hold of it cuz he grabbed her and threw her to the floor. He went to grab her when she got up and she scratched him on his face and chest. My sister heard the loud noise when she hit the floor, ran in, got my mom out went downstairs with her, my dad followed and he shoved her again even harder pushing her across the kitchen. She fell over the diswasher door which was open all the way and got a huge bruise on her leg from hitting it on her way down. He was FUMING to say the least and so my sister told me to call the police. I called but when they came since they saw he was scractched up and all she had was a bruise they arrested her and charged her with assault and battery. My sister told the officer of his past abuse but he didnt want to hear anything about it.
She feels as if she was unjustly accused because she was trying to defend herself. The police asked my dad what happend and he said she fell over the dishwasher door and he didn't know how. Is there any possibility he could get in trouble if they find out he lied? Would they even bother finding out whether he was lying or not in court?
Do you think she needs a lawyer or do you think if she states what happened that she can get out of being convicted of a misdemeanor? She doesn't have a lot of money to pay for a lawyer, and was declined for a court appointed counsel. If it's something she definately should do I'll let her know and we'll find a way to pay for one.
What could be the worst sentence she could recieve? Would it be the same with or without a lawyer?
Also do you think she should have been arrested?? They even asked if my dad had a gun, he said yes and they left it at that. I thought the whole situation was unbelievable because they took my mom and left my sister and 11 year old brother alone with him, knowing he had a gun and knowing we had just called the cops on him trying to get him in trouble!! I guess in their eyes we should have waited for him to really hurt her bad so that they could have arrested him.
In the end if my mom isn't convicted and they start to question my dad, she doesn't even want him to get in trouble now and just wants to get a divorce. If they start questioning him though what could happen to him next?