ExpertLaw Forum - Help With Your Legal Questions
Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-18-2007, 02:29 PM
Acidic Acidic is offline
Junior Member
 
Join Date: Oct 2007
Posts: 1
Default What To Expect From a Domestic Violence Court Hearing
I was charged with Domestic or Family Abuse, do to the state of Montana's ruling's on having to charge both partys. Basically, here's how it went.

Wife was Drunk. Came home violent. ( I did not hit her, but kept her from hitting me without harming her )

I call the police.

Police Arrive. Wife changes her story TWICE.

Wife is proven drunk with breath'o'lizer.

Police advise me of Montana's Law's involving D&F Abuse, that requires me to get arrested to with any shred of proof i was violent. There excuse was that there was nothing to show who started the violence, even though I had locked the door to my house to keep my wife out till she calmed down, and she got in by breaking the window... Then came in violent.

So I get arrested, Without being advised my Miranda Rights and go to jail. My mother bails me out, and her charge's get taken over by the Military ( She's in the air force ).


We have worked out the problems, as we are generally very happy together, and are fine.

She was served a Supeana (i know spelling) to force her to testify at the court hearing. I was under the impression that Marriage prevent's forced testimony's. Either way, the Military put a squash on the Supeana, and Im going to court alone tommorow. With no lawyer.

Everything ive told you is 100% true, and Im sure if even half of it is in the police report, ill get to come home from court tommorow.

I just don't Know what im to expect? What if I do get convicted? I have nothing on my record, but the charge carries up to 1 year in jail and mandatory anger management. And I didnt even do anything!

Should I expect to spend some time in jail tommorow? Will there be a lawyer there for me? Will I have to represent myself even though i have no idea what im doing?

Thanks ahead of time.
Reply With Quote
  #2  
Old 10-19-2007, 09:36 AM
Madmanmike1972 Madmanmike1972 is offline
Senior Member
 
Join Date: Sep 2007
Posts: 110
Default Re: What To Expect From a Domestic Violence Court Hearing
If you are as clueless as you put yourself out to be you better get a lawyer because you are screwed. Or you can just go down and talk to the DA first tel;l him the truth and see if they will nolle the charges.
Reply With Quote
  #3  
Old 10-19-2007, 09:40 AM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Re: What To Expect From a Domestic Violence Court Hearing
"the Military put a squash on the Supeana" - what is that supposed to mean?

I would suggest hiring a lawyer and having your lawyer advise you before you go to court. I would not suggest trying to talk to a prosecutor before you consult a lawyer.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Missed a Child Support Family Court Hearing Child Support 08-23-2007 06:31 PM
Not Guilty of Domestic Violence - How To Convice The Court Assault, Battery And Domestic Violence 07-25-2007 07:03 AM
False Domestic Violence Charge Filed By A Friend Assault, Battery And Domestic Violence 07-09-2007 07:06 AM
Domestic violence reduced to a disorderly conduct charge Assault, Battery And Domestic Violence 05-28-2005 04:54 PM
What Should I Expect In Court? Child Custody and Visitation 05-15-2005 12:06 AM



All times are GMT -7. The time now is 09:19 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved