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  1. #1
    Join Date
    Feb 2014
    Posts
    1

    Exclamation Options After a Domestic Battery Conviction

    To whom this may concern:

    I have been with my ex-boyfriend for only 11 months and he had addictions to alcohol and marijuana. We fought a lot which resulted in him abusing me: breaking my finger and choking me. Other times, they were pushes and punches to the head. I didn't report him because I didn't want him to get in any more trouble than he already was (he is a repeated offender). In our last month together, we struggled with our relationship which the main problem was his drinking and he got very violent. He punched holes in walls of his room and walls of mine (though I got them repaired). He took my car without my permission while drinking and I called the police because I didn't know if he was safe. This resulted in his second DUI. So the night I got arrested, he had told me he was breaking up with me and I said I was coming over to get my xbox from him and upon my arrival, he was already drinking. When I went upstairs to his room, he cursed at me. I tried to remove the cords from his television and he would not help me and the TV was about to fall and so I asked him to help me and he didn't. He just nudged me on the arm and I just slapped him. I slapped him 3 times and pushed him over to the bed. After that, it was just me yelling at him. He dialed 911 and didn't really tell them what was going on except to say his jaw was hurting (which finds out nothing was broken or anything). He then just hung up so the police comes over and they come in. I not realizing my rights at the time just told them what happened. Had I known I would be in this position, I would've just remained silent until I had a lawyer but now I'm in this situation where I'm being sentenced for 10 days of county jail, 3 years of probation, 1 year of anger management classes, and 40 hours of community service. I am a full-time student at a prestigious university (not that that matters; I am a student regardless). I work part-time. It's my 4th year in school. I'm just starting to get my life together and this happens. I just want a fair judgement. I will gladly take punishment for ever putting my hands on him but it was out of mania. I had just had enough of him and I couldn't bare the pain anymore. Please help me. What are my options? What can I do? This is my first offense and definitely my last. I am contacting a few lawyers for law advice and counselin anyway. My Public defender declared not guilty. btw.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I've Been Convicted of Simple Battery on My Ex-Boyfriend

    As a general rule, you can't appeal just because you don't like the result.

    Do you think there was an error of law?

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I've Been Convicted of Simple Battery on My Ex-Boyfriend

    It appears you received a fair judgment. You attacked the man unprovoked and could have given him brain damage. You only received 10 days in jail.

  4. #4
    Join Date
    Aug 2009
    Posts
    41

    Default Re: I've Been Convicted of Simple Battery on My Ex-Boyfriend

    Quote Quoting Disagreeable
    View Post
    It appears you received a fair judgment. You attacked the man unprovoked and could have given him brain damage. You only received 10 days in jail.
    The OP said:

    "I tried to remove the cords from his television and he would not help me and the TV was about to fall and so I asked him to help me and he didn't. He just nudged me on the arm and I just slapped him."

    So, did the ex-boyfriend nudge the OP on the arm as the OP was trying to hold up a tv to prevent the tv from falling? If yes, then the ex-boyfriend's nudging could have caused the tv to fall onto the OP, and the OP's slapping would hardly be unprovoked.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I've Been Convicted of Simple Battery on My Ex-Boyfriend

    Hmmm, apparently the court disagreed.


    I slapped him 3 times and pushed him over to the bed. After that, it was just me yelling at him.

    I had just had enough of him and I couldn't bare the pain anymore.

    Quote Quoting Tech42
    View Post
    The OP said:

    "I tried to remove the cords from his television and he would not help me and the TV was about to fall and so I asked him to help me and he didn't. He just nudged me on the arm and I just slapped him."

    So, did the ex-boyfriend nudge the OP on the arm as the OP was trying to hold up a tv to prevent the tv from falling? If yes, then the ex-boyfriend's nudging could have caused the tv to fall onto the OP, and the OP's slapping would hardly be unprovoked.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I've Been Convicted of Simple Battery on My Ex-Boyfriend

    Quote Quoting Tech42
    View Post
    The OP said:

    "I tried to remove the cords from his television and he would not help me and the TV was about to fall and so I asked him to help me and he didn't. He just nudged me on the arm and I just slapped him."

    So, did the ex-boyfriend nudge the OP on the arm as the OP was trying to hold up a tv to prevent the tv from falling? If yes, then the ex-boyfriend's nudging could have caused the tv to fall onto the OP, and the OP's slapping would hardly be unprovoked.

    That's an interesting interpretation. One poke justifies 3 slaps and pushing him onto the bed? No self-defense was mentioned. And OP stated this:

    I will gladly take punishment for ever putting my hands on him but it was out of mania. I had just had enough of him and I couldn't bare the pain anymore
    It's not difficult to see why the court ruled how it did.

    Not that it matters - being upset at the outcome still isn't a reason to appeal.

  7. #7

    Default Re: I've Been Convicted of Simple Battery on My Ex-Boyfriend

    Sounds like the two of you had a toxic relationship. Just be glad no one was seriously hurt. Violence has no place whatsoever in a relationship, whether male or female. I would say take this as a learning experience. Maybe the anger management classes can help you make better choices, not only about your actions and strong emotion, but also help you make better choices when you find another better relationship. If you can learn from this experience, it will be worth it in the long run. For an assault like that, you could have been sentenced longer.

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