Results 1 to 2 of 2
  1. #1
    Join Date
    Apr 2010
    Posts
    20

    Default What Are the Chances That a Case Will Be Dropped

    I know I've asked a few questions but I'm starting to get nervous and a lot on my mind so wondered if anyone could help clarify some things for me.

    1. My fiance was arrested for battery to me while I am pregnant (felony). He grabbed my throat. I did not have any marks or proof of this...just my word. He is claiming that he never touched me. I am scared now because I have a baby coming and wondering what the chances are that they will drop this case (because it's his word against mine...no actual proof) and what his rights will be toward my child. Knowing he truly did this to me it scares me big time because God Forbid he ever lashed out on my baby. Granted he was drunk and this is not a typical behavior of his, he did it meaning he is capable!! should I get an attorney? if so what kind? The incident happened in a different state than we live in. I am just really nervous about the safety of my child from all this and want to make sure I do the right thing. thanks!

  2. #2

    Default Re: What Are the Chances That a Case Will Be Dropped

    Quote Quoting Girlxo301
    View Post
    1. My fiance was arrested for battery to me while I am pregnant (felony). He grabbed my throat. I did not have any marks or proof of this...just my word. He is claiming that he never touched me. I am scared now because I have a baby coming and wondering what the chances are that they will drop this case (because it's his word against mine...no actual proof)
    If the DA thinks the case is strong enough, they can pursue it. Matters of one party's word against the other are why we have juries to determine whose story holds water. It's also possible that he may be offered a lesser charge in exchange for a guilty plea.

    and what his rights will be toward my child.
    Since you're not married to him, he is a legal stranger to the child. He can, however, bring a paternity suit, legally establish that he is the father of the child, and then ask for custody/visitation to be ordered by the court. Even with violence against you, you can reasonably anticipate that he WILL be given access to the child, even if that access is on a supervised level for some period of time. He can also anticipate that a child support order will be issued.



    should I get an attorney? if so what kind?
    The state will handle the criminal matter, but if he files a paternity suit to gain legal access to the child, you'll want to retain the services of a family law attorney (in the state in which the child resides) to help address the isses of keeping his visitation with his child as safe as possible.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Chances of Getting Simple Battery Charges Dropped
    By justiceforusall in forum Criminal Charges
    Replies: 1
    Last Post: 03-07-2011, 01:49 PM
  2. Retail Fraud / Shoplifting: Chances Of Charges Getting Dropped
    By em125 in forum Criminal Charges
    Replies: 1
    Last Post: 04-29-2008, 06:47 PM
  3. Assault & Battery: The Chances Of Getting Charges Dropped
    By kateh in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2007, 08:55 AM
  4. Expungement and Sealing: Expunging a Case That Has Been Dropped
    By FortheFree in forum Criminal Records
    Replies: 1
    Last Post: 07-05-2006, 05:45 AM
  5. Pretrial Procedure: How long does it take for a case to be dropped
    By CNelson in forum Criminal Procedure
    Replies: 1
    Last Post: 08-04-2005, 08:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources