Sons Mother awarded sole custody , due to domestic conviction withen 5 years .

[BRENt SR.]

Jurisdiction

California

4 years and 3 months ago i was arrested for spousal battery on my son's mother . I had broken the kitchen table , at that point she attacked me scratching , biting me . I had to hold her in order to calm her . officer comes she has a ripped shirt , she informs him i didn't cause her any harm just called to show me she was serious , he begins to talk to me sees the injuries i tell him its nothing ,i just broke the table , I'm arrested anyhow plead out to get over with it . Now 4 years 2 months later it is the cause for me too loose custody of my son . One thing i had forgotten is she lied to officers about her name , so in actuality the person I'm accused of domestic violence on is fictional , needless to say that report is evidence of a crime on her part. I filed for reconsideration today highlighting these facts , what should i expect ?

 

[army judge]

I filed for reconsideration today highlighting these facts , what should i expect ?

More of the same.

Res judicata, mate.

You took a plea.

Pleas can't be reversed.

You were admonished about the plea and it's consequences in open court and on the record by the judge.

The consequences will forever haunt you.



The plea can't be undone.

A full pardon by the governor, which is rare, is the only way to get out from the life long sting of the deal you took.

Good luck.

 

[leslie82]

4 years and 3 months ago i was arrested for spousal battery on my son's mother . I had broken the kitchen table , at that point she attacked me scratching , biting me . I had to hold her in order to calm her . officer comes she has a ripped shirt , she informs him i didn't cause her any harm just called to show me she was serious , he begins to talk to me sees the injuries i tell him its nothing ,i just broke the table , I'm arrested anyhow plead out to get over with it . Now 4 years 2 months later it is the cause for me too loose custody of my son . One thing i had forgotten is she lied to officers about her name , so in actuality the person I'm accused of domestic violence on is fictional , needless to say that report is evidence of a crime on her part. I filed for reconsideration today highlighting these facts , what should i expect ?

You took a plea deal - you were convicted. It's been 4 years. You're not getting it reversed. You probably shouldn't have taken a plea deal to "get it over with."

How did you lose custody 4 years after it happened? Either way - you should probably hire a lawyer to help you with your custody case. But you're not getting that conviction overturned or pardoned.

 

[adjusterjack]

One thing i had forgotten is she lied to officers about her name , so in actuality the person I'm accused of domestic violence on is fictional , needless to say that report is evidence of a crime on her part.

And that's likely going to be irrelevant at this late date. It's your conviction that the court is concerned with, not the blame game.

 

[zddoodah]

plead out to get over with it .

Taking a plea bargain requires an admission of the crime.

Now 4 years 2 months later it is the cause for me too loose custody of my son .

Lose custody? The subject header of your post says that the court awarded sole custody to the mother. Is that legal custody, physical custody or both? And this is in connection with a divorce. Correct? Does the court's order say expressly that this is the only reason why the mother was awarded sole custody? Did the court award you regular visitation?

I filed for reconsideration today highlighting these facts , what should i expect ?

You should expect your motion for reconsideration to be summarily denied because it was improperly brought. A motion for reconsideration is only properly based on newly discovered evidence that could not reasonably have been presented prior to the time the order was made (or a change of controlling law). There is zero reason this evidence could not have been presented previously.