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  1. #1
    Join Date
    May 2009
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    1

    Default Simple Domestic Assault in New Hampshire

    My question involves criminal law for the state of: NH

    I was arreseted for Simple Domestic assault. I had called 911...Very smart I know. My Wife and I had goten into an argument and it got escaleted. The 911 call went through and they showed up at my house. Because of the new NH laws ("zero tolerance") I was arrested. I was released on $40 bail. I cannot have any contact with my Wife until the hearing which a month away. This really hurts her because she has to shoulder the responsibiltiy of our kids, house, etc...So - I have requested a bail hearing to try to remove the restrictions of the bail bond which keep me from going home. What are my chances here??? Also, about this hearing. I have never beed arrested..I have no record, never got a traffic violation, hell, I don't even own a gun. My Wife did not want any of this to happen. We were drinking at our own party and we got carried away and I stupidly called 911. So how would this shake out at the arraignment? Just a little concerned, and frustrated. Basically living out of my car right now.

  2. #2

    Default Re: Simple Domestic Assault in New Hampshire

    In states with the automatic restriction, your odds aren't good for getting it dropped before your hearing. The court hears this day in and day out, and while the court really does realize that the order makes things tuff for the spouse at home who has to figure out how to deal with kids, schedules, bills, and the like on their own for a while, the court's PRIMARY concern is that the "victim" is kept safe until that hearing, and, has some time to "digest" the incident and have some breathing time to determine what they want to do (whether that's get to a shelter, seek divorce or other legal intervention, or to blow the whole thing off and do nothing at all but wait for things to resolve themselves so life can get back to normal). Whether either you or your wife consider her a victim may differ, but it's what the court thinks that counts, and right now in the court's eyes, she's the victim if you were arrested.

    But there's no point to YOU asking the court; NO arrested person wants such an order in place - it's a given that they want it dropped. Remember, the court considers HER to be the victim and errs on the side of caution in the interest of safety for the victim - so really the court is only going to entertain HER saying that SHE is feeling safe enough to have you back. Even then, the odds are that the order will stay in place until the hearing.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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