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Domestic Violence Causing Bodily Injury

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  • 04-04-2017, 11:14 PM
    msrini37
    Domestic Violence Causing Bodily Injury
    My question involves criminal law for the state of:Texas

    Hi

    I was arrested for Domestic Violence on my Gf (Texas Code § 22.01(a)(1) PC MA - Assault Causes Bodily Injury Family Violence ). I have my court trial on first week of April 2017. A protective order was granted in March and also judge ordered me to take DV orientation program and BIPP Classes for 6 months. I was not aware of the fact that she has called the Police and made a report.
    It was an incident where I kissed her and she said now and that happened after we wanted to break up. I showed up at the court for protective order hearing but was arrested on that day for Misdemeanor A. On the later date she came to the court and testified saying that
    I hurted her on here legs(she showed a photo that was taken 3 days after incident) and other private parts and has no proof of it. She also complained about jaw pain, when my lawyer asked that if she had complained when the police came over she said "she did not inform them". Also when asked if there were any photo taken at the time they arrived she just mentioned they took the photos of bed and nothing else. She did mentioned that I was never violent towards her.

    All the things that she had mentioned in her affidavit for protective order are not true ? Me and my Lawyer have not had a chance to look at the police report yet.
    I have hired a Criminal Lawyer and also immigration lawyer with the same firm. When I spoke with Paralegal she advised that they will ask for continuance and then will try to bring down the charges.
    Do I plead guilty if they lower the charges or not guilty or no contest?
    Also as the paralegal was asking me if I want the case to be finished soon then they can wrap up in few months, I want to get justice and do not want to be punished for something I haven't done.

    What are the chances of fighting the case and winning it? What other options do I have as she not telling truth.

    Please advise and your help on this is much appreciable.

    Apologies for any mistakes in my post.
  • 04-05-2017, 05:24 AM
    Mark47n
    Re: Domestic Violence Causing Bodily Injury
    Your chances of fighting it are 100%. Your chances of prevailing after fighting it are slimmer though I'd hesitate to make any predictions other than >100%.

    If you choose to pursue this through trial you're rolling the dice. You may be convicted or may not. The way that your can contest her evidence is your attorney can contest the evidence and move to have it suppressed, if there is cause. If the evidence is not suppressed then the jury will see the photos and the statements and your attorney will have to convince them that your ex isn't credible and you are. Those are your options if you choose to fight it.
  • 04-05-2017, 06:21 AM
    free9man
    Re: Domestic Violence Causing Bodily Injury
    You need to be discussing your case only with your attorney. We cannot second guess someone who has access to all the facts rather than just one side. Do not plead guilty to anything without fully discussing it with your immigration attorney as criminal convictions can have a negative effect on immigration proceedings.
  • 04-05-2017, 09:01 AM
    qwaspolk69
    Re: Domestic Violence Causing Bodily Injury
    Quote:

    Quoting msrini37
    View Post
    My question involves criminal law for the state of:Texas

    Hi

    I was arrested for Domestic Violence on my Gf (Texas Code § 22.01(a)(1) PC MA - Assault Causes Bodily Injury Family Violence ). I have my court trial on first week of April 2017. A protective order was granted in March and also judge ordered me to take DV orientation program and BIPP Classes for 6 months. I was not aware of the fact that she has called the Police and made a report.
    It was an incident where I kissed her and she said now and that happened after we wanted to break up. I showed up at the court for protective order hearing but was arrested on that day for Misdemeanor A. On the later date she came to the court and testified saying that
    I hurted her on here legs(she showed a photo that was taken 3 days after incident) and other private parts and has no proof of it. She also complained about jaw pain, when my lawyer asked that if she had complained when the police came over she said "she did not inform them". Also when asked if there were any photo taken at the time they arrived she just mentioned they took the photos of bed and nothing else. She did mentioned that I was never violent towards her.

    All the things that she had mentioned in her affidavit for protective order are not true ? Me and my Lawyer have not had a chance to look at the police report yet.
    I have hired a Criminal Lawyer and also immigration lawyer with the same firm. When I spoke with Paralegal she advised that they will ask for continuance and then will try to bring down the charges.
    Do I plead guilty if they lower the charges or not guilty or no contest?
    Also as the paralegal was asking me if I want the case to be finished soon then they can wrap up in few months, I want to get justice and do not want to be punished for something I haven't done.

    What are the chances of fighting the case and winning it? What other options do I have as she not telling truth.

    Please advise and your help on this is much appreciable.

    Apologies for any mistakes in my post.

    Your lawyer is the only one who can help you. If you aren't happy with the service your lawyer is providing find another one. Do what your lawyer says. Not random people on a forum. No one here can give you legal advice. Also stop talking about this to anyone BUT your lawyer.
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