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Defense for Domestic Battery 3rd Degree Involving a Pregnant Woman

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  • 11-03-2009, 08:19 AM
    Lilypad
    Defense for Domestic Battery 3rd Degree Involving a Pregnant Woman
    My question involves criminal law for the state of: Arkansas

    My brother's ex pressed domestic battery charges on him this past Halloween, after discovering it would put him in jail because she's pregnant. The baby is not his nor her current boyfriend's.

    During an argument, she threw herself on his car so that he could not enter it and leave. He pushed her aside, but she continued and wedged herself in the front seat on his lap so he could neither get out of the car or leave while her boyfriend took their (my brother and her) two kids from the back seat. He pushed her off. Of course he and the boyfriend fought...different charges. But nothing that would have had him in jail all weekend, nor facing a felony.

    My question is: Isn't this just self-defense with regards to her? He pushed her off his car, his property, pushed her off his lap. He at NO time struck her. She's posted pictures on line of a light bruise on one arm, and possibly one on her breast. My brother is going to speak to an attorney, but he runs his MOUTH so much , sometimes things just get worse. I just want to give him the important facts and issues to discuss. Thanks.
  • 11-03-2009, 10:20 AM
    Arf417
    Re: Defense for Domestic Battery 3rd Degree Involving a Pregnant Woman
    Well it could be difficult. Were you there and witnessed the transgression of these events? If it your brother and just the other two, he will have a HARD time proving what he claims. There are always two sides to the story and usually you will never know what exactly happened. Self-defense does not seem like an option, because if she was laying on the car, he is not in any danger and self-defense would not work there. Sitting in the guys lap did not give your brother reason to believe his life was in danger and therefore that wont work either. Sounds like an interesting case and who knows what will happen.
  • 11-03-2009, 10:45 AM
    Lilypad
    Re: Defense for Domestic Battery 3rd Degree Involving a Pregnant Woman
    Thanks...it IS going to be rough. But she has a history of lying, he had to get a court order for their first child after 10 months of denying it was even possible it was his. Guess they decided to try to work it out after that, wish they hadn't, but I love my neice as well.

    btw, it was in the parking lot of a McDonald's the footage will probably make it look bad for the charges involving the boyfriend encounter. But maybe it would help with the first. He talks to an attorney on Wed, his day off. I just wanted something for him to go in with. He'll be all about the emotional side or whatever, instead of the legal facts, which I'm trying to work on. Thank again.
  • 11-03-2009, 11:45 AM
    aardvarc
    Re: Defense for Domestic Battery 3rd Degree Involving a Pregnant Woman
    You don't typically get to "self defense" property. Laying hands on someone, whether pushing, shoving, hitting, or whatnot only flies when that force applies to the defense of self or others, and only to the extent that the force is reasonable. When some hysterial woman, pregnant or not, throws themselves on your vehicle, you use 911 and then sue for any damages sustatained to the property.

    It doesn't matter WHOSE baby it is - courts tend to look harshly upon ANY level of battery against a pregnant woman which isn't OBVIOUS self defense (again, not PROPERTY defense).
  • 11-04-2009, 09:06 AM
    Lilypad
    Re: Defense for Domestic Battery 3rd Degree Involving a Pregnant Woman
    Thank you. I'm not trying to defend his actions in any way. I had spoken with him prior to said event. They had plans to go trick or treating with the kids. He was going to ask her to meet him after work to catch up with the rest of the family and kiddos...without the boyfriend.. Trying to prevent such an episode. I ask him not to, but he was determined. I told him that if she was gonna act crazy, let everyone see, for once, and remain calm. Guess he didn't know the boyfriend would be at her place of work and things went wrong from there. The truth is, this has been a pattern since the new boyfriend came into being. Provoking my brother through threats, etc, then calling the police. I tried to tell my family that, but they thought I was being paranoid and were all trying to maintain a civil relationship with the ex-girlfriend because of the kids.

    Frankly, he was originally suppose to be seeing someone today getting custody proceedings for the second child started, he already has joint custody for the first child. Didn't see the need for the daughter, at the time, they were engaged and planning on getting married. Would not be surprised if the ex-girlfriend creating this scenario just because of that.

    My brother is going to got to court, he deserves the battery charge against the boyfriend, (they were both charged). It's just the domestic battery charge is a felony and don't want his life ruined any further because of this relationship, it's already taken his last four years. He has NEVER had any domestic calls made on him prior to the new boyfriend. He paid for the U-haul and moved her out when she said she wanted to. Their relationship is over. Just want to do everything right, and legally and maybe when this dust settles, she'll finally realize she has to get along with him. I just feel a domestic battery charge will hurt his chances for joint custody, she knows that. He's not trying to take the kids, he just wants joint custody and to see them on his days off, just like he was doing before her new boyfriend. Guess the boyfriend wants a ready made family, they are already cohabitating. Sorry for the long post. I just know that if this matter isn't handled properly, I won't be able to help him anymore.

    Hopefully I'll know more when he sees the attorney today. The attorney already knows about the previous paternity case and helped get his bond lowered so he was able to be bailed out on Monday.
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