[Niana]

Here is my story, short and sweet. I was at work.. and my fiancee was at home, drinking. When I came home, he was already drunk.. I got into an arguement with him about why he feels he needs to drink to the point he was at... I followed him down the stairs into our kitchen where he fell onto the floor. I sat down next to him and he forceably pushed me away because he didn't want me to be near him. He left a red mark on my arm, no bruising or anything. He was threatening to leave the house and go somewhere.. since he was drunk I told him that I was not about to let him get in his truck and drive anywhere. He got angry and went out the back door.. since I was blocking the front door exit. I called the police because I was scared he would try and leave.. killing somebody or himself in the process. When the police arrived, they got him just as he was about to get into his truck. They arrested him and asked me for a statement. I told them what had happened and how he had pushed me away when I tried to help him get up. They have charged him with domestic violence causing bodily injury because I still had the red mark on my arm. I refused medical attention and nobody came down to take pictures of my arm. The magistrate also put an Emergency protective order on him because of a reccomendation by the arresting officers. I did not and do not want to press charges because I do not believe that this was anything intentional. I was told that I have absolutely no rights or say in what is happening. Is this true?
I have also given several verbal and written statements to the magistrate asking that the PO be lifted, and was told that it would be lifted if he went to counceling. He has been attending AA for two weeks now and we have brought proof to the magistrate that this is happening, yet they are not responding to any of my phone calls. If he is trying to get help (and we don't have alot of money to pay for expensive counceling sessions.. 100 dollars is alot of money when you have to choose counceling or pay the water bill), why are they not trying to help us get back into a stable situation?

And what are the chances that he'll end up going to jail when his court date arrives? He has no criminal record and has never been arrested before.

[aardvarc]

First, the decision to proceed with criminal charges rests with the prosecutor. You, at this point, are a witness in the case. However, should he continue to pursue the counseling, that would bode well for him, although it's no guarantee of any outcome that doesn't at least involve probation, etc.

I know you believe this wasn't "intentional", but I'll guarantee you that whatever he was consuming to end up drunk to the point of violence against you and attempting to drive while intoxicated didn't get into his system by accident. He made the CHOICE to drink, and thus he also chose the consequences. (I'm sure he is already hearing a lot of this in his AA meetings - but you need to understand this dynamic too. Making excuses for him isn't going to help him change.)

Hopefully the money he'll save by staying away from the booze will help contribute to the counseling bill. But do whatever it takes to keep that counseling coming - alcoholism and domestic violence are buddies like salt and pepper, or peanut butter and jelly. You both have had a taste of it, and if you think it's expensive NOW, imagine the NEXT time. If the court gives him a choice in who to see for the counseling, he can contact the county office of Health and Human Services or similar agency (check the blue pages in your phone book) - they may be able to provide a list of low-cost or sliding scale choices that can help ease some of the financial burden. Your local domestic violence program may also have referrals to individual counseling or group therapy programs that can benefit you both.

[LawBlah]

It's unclear what he was charged with precisely, do you know the Penal Code section and subdivision? I do not find any offense called "domestic violence" in Texas. It looks like he may have been charged with simple assault. He may have been overcharged, to count a red mark as a "bodily injury," but in any event, simple assault is a class A misdemeanor which can get 1 year in jail. I don't know what sentencing is like there but under these facts it would seem probation is more likely if he were convicted.

In any event, you have a few options. It seems likely that if you cooperate with the magistrate and get counselling you can get the order dropped and perhaps the charges dismissed as well. However this would require the prosecution to go along with it. It definitely sounds like counselling would be helpful.

If you don't show up for his trial, they won't have any witnesses, your statements will be hearsay, and they will have no case. The charges will be dismissed. They could serve you with a subpoena and force you to testify as a hostile witness, but this is unusual. The temporary restraining order should be dropped when the charges are dismissed. If you can wait that long, and do not want counselling or your fiance to be convicted, your best bet may be having someone find out his court dates and keep a low profile (don't tell the DA where you are--they can't serve you a subpoena if they can't find you) until the case is dismissed. You can send him one-way communications but must not let him contact you until the order is lifted. If you do find out that you have are being subpoenaed then you will have to show up to court.

Most importantly, he must have an attorney to represent him and you should talk to his attorney if you want to help him out and be able to contact him. If he can't afford one he will have one appointed, but he must have an attorney.

[niceguyok]

It's unclear what he was charged with precisely, do you know the Penal Code section and subdivision? I do not find any offense called "domestic violence" in Texas. It looks like he may have been charged with simple assault. He may have been overcharged, to count a red mark as a "bodily injury," but in any event, simple assault is a class A misdemeanor which can get 1 year in jail. I don't know what sentencing is like there but under these facts it would seem probation is more likely if he were convicted.

In any event, you have a few options. It seems likely that if you cooperate with the magistrate and get counselling you can get the order dropped and perhaps the charges dismissed as well. However this would require the prosecution to go along with it. It definitely sounds like counselling would be helpful.

If you don't show up for his trial, they won't have any witnesses, your statements will be hearsay, and they will have no case. The charges will be dismissed. They could serve you with a subpoena and force you to testify as a hostile witness, but this is unusual. The temporary restraining order should be dropped when the charges are dismissed. If you can wait that long, and do not want counselling or your fiance to be convicted, your best bet may be having someone find out his court dates and keep a low profile (don't tell the DA where you are--they can't serve you a subpoena if they can't find you) until the case is dismissed. You can send him one-way communications but must not let him contact you until the order is lifted. If you do find out that you have are being subpoenaed then you will have to show up to court.

Most importantly, he must have an attorney to represent him and you should talk to his attorney if you want to help him out and be able to contact him. If he can't afford one he will have one appointed, but he must have an attorney.

Do subpoenas have to be served in person? They can't just drop them off at the front door or mailbox, etc?

[aaron]

Subpoenas normally have to be served in person, which could include certified mail. Laws and court procedures are different in each state. If you have additional questions, start your own thread.