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  1. #1
    Join Date
    Oct 2014
    Posts
    3

    Lightbulb Domestic Violence Between Siblings

    My question involves criminal law for the state of: OH

    First of all, I appreciate anyone who takes the time to read this, and gives me some advice. :)

    My sibling and I haven't been under the best relations for the last few years, she's very violent, and loves to get reactions out of people. She's hit our mother and screamed profanity numerous times, she's passive aggressive around me, uses my things without asking, and likes to say little things to try and get under my skin. I've been avoiding her for the better part of a three year period, and it's been peaceful, I'm doing well in life, I'm a manager at my job, and I'm working on getting in college for neurology.

    Recently, she put the last straw on the camel's back by throwing my shoes down a staircase for simply placing them somewhere not to her satisfaction, I didn't say anything, I just moved her shoes somewhere, too. She arrived home and violently confronted me regarding the location of her shoes, once I explained where they were, she picked up a chair and attempted to hurl it at me. This is where I see I'm seriously in danger, and I could get hurt, so I tell her not to escalate this anymore, or this could get ugly, and push the chair down that way I don't get hurt. I felt threatened because she still attempted to throw things at me, and I had to push her away and I lost it from all the pent up anger from all emotional abuse I've suffered.

    I punched her a few times, in the back, very doubtful there is any significant injury, she attempted to kick me in the face so I did what my instincts told me to do, and took her by the leg and lifted her into the kitchen sink. When the police came she was crying like she was about to die, even though I look at this as a mere act of self defense in which I prevented myself from harm. The right decision was to walk away from the incident like I have for the past few years, but like I said, a man can only take so much.

    The report states I punched her with a closed fist and threw her into the sink, no where does it say she unsuccessfully threw a chair at me or unsuccessfully kicked me in the face, or that she was the one who started the violent argument. I was arrested at the police station, because I took off after it ended, and was locked up for the night.

    At the arraignment, the judge said she didn't have a protective order issued, and although she was supposed to be present, she wasn't. I pleaded not guilty, because I have a case to fight, due to me be misrepresented in the report. This wasn't an act of pure aggression, it was more of an act of self defense that needed to escalate to some minor aggression to defuse the situation. I came home, and I was ordered not to lay a hand on her by the judge, which is easy for me, because I'm not an aggressive person, and I've proceeded to keep to myself. I requested my mother and I to meet with her, we two meet, but she doesn't comply, although she has a right to, that act is immature and encouraging more violence. My mother and I talk about what we each can do to make this a more peaceful household between us two, and what I can do to prevent other altercations like this.

    I have a pre-trial set for the next Tuesday, where the case can be resolved, but if there is jail time involved, I plan to extend the case to a trial by jury next month, where my case can be heard.

    My questions
    1) Is it a good idea to enroll myself in classes before the pre-trial, without being ordered?

    2) This is the first time I've ever been convicted of any crime in my entire life, besides some traffic tickets, but I'd like to meet someone who's never received those. What can I expect for penalties, considering this is 1st degree misdemeanor, I looked over them, and there is fine up to $1000, and/or incarceration up to 6 months. Given this is my first ever crime, and I plan to have a fair chance in representing my case before sentenced, is probation, classes, community service, or house arrest likely? If it helps any, I'm dressing my best for court, and I was treated very nicely by the officers and the judge because I really don't look like I belong in a jail cell, I'm white, and I look like a "good kid" according to the officer. I've also never touched a drug in my life, alcohol, marijuana, tobacco, all the goods, never used.

    Again, I appreciate any help. As this is of utmost importance to me, thank you. :)

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: What Penalties Am I Looking at

    1. Yes, getting in classed beforehand will probably look good.

    2. There is no way to tell what you may get. It could be anywhere from being found guilty to being sentenced the the maximum under whichever statute you are charged under.

    3. You need an attorney. Yesterday. Conviction of a domestic violence offence can have far-reaching consequences for you.

  3. #3
    Join Date
    Oct 2014
    Posts
    3

    Default Re: What Penalties Am I Looking at

    Quote Quoting free9man
    View Post
    1. Yes, getting in classed beforehand will probably look good.

    2. There is no way to tell what you may get. It could be anywhere from being found guilty to being sentenced the the maximum under whichever statute you are charged under.

    3. You need an attorney. Yesterday. Conviction of a domestic violence offence can have far-reaching consequences for you.
    Hey free9man,

    Thanks for the advice, the problem with the attorney is I can't afford one at all, so I need to resort to a PD. And the earliest I can apply for one is tomorrow morning, which I plan on doing.

    I understand the gravity of this, I'm going to come well prepared and with the right defense, because I don't deserve to be walked on by the law and deserve a fair chance to represent my case.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: What Penalties Am I Looking at

    You are not "resorting" to a PD. They are often as good as, or better, than an attorney you would hire.

    The problem with self defense is you could have left but went ham on her anyway. You are probably not going to walk away clean from this.

  5. #5
    Join Date
    Oct 2014
    Posts
    3

    Default Re: What Penalties Am I Looking at

    The problem with self defense is you could have left but went ham on her anyway.
    I'm aware of that, and I have been practicing that for some time, I just made the grave mistake of losing the control I have so much of.

    Quote Quoting free9man
    View Post
    You are probably not going to walk away clean from this.
    I know the gravity of what happened, and I'm prepared to have the chance I deserve to defend myself in a court of law. I'm already taking measures to resolve the core problem, I enrolled in classes, and discussed peace in the household, if I could rewind time and stop myself I'd do that too. I don't think many people charged with crime take those kinds of measures this quickly, they get sent to jail and finally think it out to what they did was wrong. I'm here patching up a problem before we need to use jail, so help me God I'm not settling for a sentence resulting from a one sided story as the judge knows so far.

    My mother always said to us, "It takes two to tango" after we fought, yeah, it does.

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