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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 10-28-2005, 04:01 PM
mwhsed mwhsed is offline
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Location: North Carolina
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Default Domestic violence charges with the child in the house
On Wed. night me and my fiance got in a big fight. We had both been drinking that night, I was mad at him about several different things and I finally lost it. We did alot of yelling, pushing and wrestling. Neither one of us actually hit each other, but me in my rage got so mad that I called 911. A friend was there and I thought they had both left, so I called back to 911 and told them everything was fine, but too late they came anyway. They looked all over the house (except the basement where music was playing) but couldnt find him. Then they were about to leave and he came up the steps of the basement and arrested him. They called me a liar said I was trying to hide him. They charged him with "assault on a female" because I had a speck of blood under my nose which was from a sinus infection I had ( had bled earlier guess I didnt clean my nose good enough), but he never hit me. I got charged with "assault" because he had 2 nicks on his cheek where I guess my watch or rings scratched him while we were wrestling and "obstruction of justice" because they thought I was lying about his whereabouts. My child did not see anything, he was upstairs, we were downstairs and now they said they were calling social services to investigate. Any suggestions on what to do, what these charges mean and what is social services going to do???? Also I think I was a little overdramatic about what was going on in my drunken rage when I called 911. If I go to court for mine or his what happens if I tell the truth and it wasnt as bad as I initially made it seem like? Any help would be greatly appreciated!!!!! And by the way this eye opener has made me decide to quit drinking which has been long overdue.
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Old 10-28-2005, 05:08 PM
cdwjava cdwjava is offline
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The police did what they had to do - they made arrests for domestic violence based upon the information they had at the scene. Social services will be investigating to determine the best placement for the child. This may mean that you and your fiance will have to attend parenting classes and/or anger management as a condition of keeping custody.

Additionally, one or both of you may face criminal charges here. It is imperative that you both seek your own counsel or inquire as to a public defender.

The state takes DV seriously. They are not likely to buy an argument that it was all a big misunderstanding ... or the mystery nosebleed. Follow the advice of counsel and you may get away with counseling, probation, and/or a fine.

I hope this WAS an eye opener for you ... for both of you. Particularly for the child's sake.

Good luck.

- Carl
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