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  1. #1

    Unhappy Talking to My Husband's Attorney

    State: GA

    My husband (in process of becoming ex) was convicted/plead guilty to battery and other charges against me. He exhibited some rather crazy and violent behavior prior to the incident when I called the cops that lead me to believe he was seriously mentally ill, in addition to abusive. When I was asked what punishment I wanted in an impact statement, my only request was some sort of mental health treatment.

    He was sentenced to 6 months jail, 8 years probation. The 6 months was to be suspended if he was accepted in patient at a mental health facility. Apparently however, that clause is useless because there is no mental health evaluator in the jail, and none will come unless he is posing an immediate harm to himself, which he is not doing.

    His attorney made a motion to give him a day pass to go to a facility for evaluation but it was rejected. I am really upset and scared that he will get out mad, suicidal, homicidal, etc.

    I have had no contact with my ex since the night after the incident where he was arrested. I wanted to be completely separate from his decisions, consequences, etc. I am now seriously considering approaching his attorney and offering to state my support for the motion for the day pass to get the mental health evaluation in hopes he might go inpatient.

    What would be the impact of sharing some of the details of why I am scared of him and feel he is mentally ill with his attorney, if these were details that I did not share when I gave testimony to the police? I am wondering if maybe the judge would reconsider the day pass for mental health evaluation if I came to the hearing and lent my support. The DA's office called after the fact to let me know what happened during the request that was rejected (which the DA's office fought). I was absolutely truthful when questioned by the police... there was just a lot that I did not share, maybe because I still wanted to protect him...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Talking to My Husband's Attorney

    If you can, I would suggest retaining a lawyer to represent you in the divorce, and then having communications go from lawyer to lawyer.

  3. #3

    Default Re: Talking to My Husband's Attorney

    I have an attorney. I guess it would make sense to pose my question to her. I am actually kind of chuckling, because I actually had not thought of calling her since it had to do with the criminal proceedings and not the divorce. Sometimes good advice is really simple. :-)

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Talking to My Husband's Attorney

    Quote Quoting northmeetssouth
    View Post
    I have an attorney. I guess it would make sense to pose my question to her. I am actually kind of chuckling, because I actually had not thought of calling her since it had to do with the criminal proceedings and not the divorce. Sometimes good advice is really simple. :-)
    You may also want to call the Victim/Witness Advocate and get his/her opinion.

    Are there children involved?

  5. #5

    Default Re: Talking to My Husband's Attorney

    I did speak with my attorney who spoke with his attorney and the judge. His attorney is willing to refile the motion. The judge indicated to my attorney he would hear the motion again if I appeared in support of the motion, but gave no indication of how he would rule. It is scheduled tentatively to be heard 2 weeks before his scheduled release date. It may be wishful thinking that mental health treatment will stabalize him so he isn't suicidal upon release. And if he is suicidal I really fear homicidal.

    Does anybody have any suggestions as to what to say to the judge? Long backstory? Or just the above, I think there is less chance of him killing me if he receives some mental health treatment and that is why I support the motion for him to get out of jail and get treatment?

    And yes, we have two kids, so yes there are kids involved. And he was actually a pretty good dad. I am hoping my request he receives only supervised visitation withme having sole custody will be granted in our final divorce decree. I have sole custody in our temp divorce, but with him being incarcerated, that is a no brainer.

  6. #6

    Default Re: Talking to My Husband's Attorney

    Doubt any other person will peruse the archives looking for this exact situation, but you never know, so here is the update.

    I appeared in court, with my diivorce attorney, to support the motion filed by my husband's defense attorney for release from custody for mental health eval. Before the motion was heard, my attorney spoke with the DA and the DA agreed to support the motion acknowledging I had been consistent in requesting that mental health treatment be part of any sentence (and probably because his release date was only weeks away, although they were trying to say that release would be 6 months from sentencing date with no credit for time served at the initial arrest.) I did not have to speak at all, I just stood there. With the DA's support this time, the judge signed the order and stbx was relased from custody, taken for mental evaluation and admitted inpatient. Hoping this stabalizes him some...

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