Assault & Battery Im not the one who pressed charges, need help

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SadSteph

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Me and my husband got into a fight about 2 weeks ago and he hit me for the first time in front of the kids and a friend called the cops. they arrested him and are now charging him with assault and battery and 3 counts of child cruelty in the 3rd degree (for hitting me in front of the kids,) and now i am not allowed to even WRITE him a letter...... do i have any rights reguarding this since Im NOT the one who called the cops and im NOT the one who pressed charges? i so badly want to see my husband and i would like to be able to write him a letter but i dont know how to do it..... ive never been in this perdicament before so i am lost and confused and dont know where to go from here
 
Your view doesnt matter. There was enough evidence to pursue prosecution. Keeping him away from you is to protect you. Many abused spouses return to the abuser and are again abused many are even killed.
 
In many states including mine, DV is taken very seriously. The state presses charges regardless if the person wants too or not. Your husband committed a serious crime, especially since he hit you in front of the kids which is appauling as they will have this in their memory forever.

All you can do is follow the instructions you have been given and let the judicial process take its course. Your husband should have an attorney to best guide him on what to expect, if this is his first offense.

You do realize that DV usually just escalates right? It rarely completely goes away. This time he hit you, what will he do next? You owe it to your kids to make sure something like this never happens again.
 
I'm not a legal professional, this is just what I think and what I know:
Why would you want to be with someone who hit you? Especially in front of your kids, your kids will grow up thinking that it is ok for a man to hit a woman. My husband was arrested last year for an arguement, he didn't even hit me, the police say he did, but honestly he didn't, and if he would have I would have never spoke to him again. I went to his hearing the next morning and told the judge he didn't harm he and I'm not scared of him and he granted us the right to have contact, but I don't know what's going to happen when we finally have court next month. Good luck, if you want to have yourself in those situations and you forgive him, I hope you are able to get what you need, but really think about it before you go through too much and have something happen again. Those kinds of thing almost always get worse, I've seen it.
 
Well my husband is NOT normally a violent guy..... ive known him since we were kids, and i know his background. they are also charging him with failure to register (he has to register as a sex offender over soemthing from his childhood that he did NOT do) so i dont know how much time he will be getting, he says not much but im still scared. i dont want to be apart from him forever i DO love him and i know hes not a bad guy hes just been dealt a bad hand in life.... as for the sex offense he is innoncent and i myself am a witness for that but it didnt matter even back then, they said he was guilty at 14 years old and they didnt care what the truth was and now hes having to pay for it the rest of his life.
 
Does anyone know the law in Georgia really well?

my hubby is being charged with assault and battery, 3 counts of child cruelty in the 3rd degree (he hit me in front of the kids) and failure to register as a sex offender (he was wrongly accused when he was 14 and its followed him his whole life.... i am a witness he was INNOCENT of the charge but put down as guilty anyway)

this is his first offense of any kind in Georgia....... does anyone know about how much time he could be facing for this?
 
Your husband seems to have a history of being charged an convicted of crimes he did not do!:yes: Are you sure you know him as well as you claim?
 
i was there with him thru all of this....... dont you think i would know if he was innocent or not???? not to mention the guy who accused him in the first place told ME a year ago that he had lied about the whole thing...... now what does that tell you???
 
Soooo ... was he convicted all those years ago? Or, did he plead guilty? In any event, as far as the state is concerned, he is guilty of that previous offense and has to abide by the terms of that conviction and/or release.

- Carl
 
he was forced to plead guilty. you have NO idea of the crap they put him thru back then. he was told by the DA that if he didnt plead guilty they would lock him up and he would never see his dad again. now imagine yourself as a 14 year old boy whos only close family member is your dad and imagine thinking you will lose that person? can you imagine how scared he was? I WAS THERE. i dont know how many times i must say that..... he was i n n o c e n t!!!!! period.
 
Look at it any way you wish he was not forced. Look I will be honest I feel he may have some real probloems and your in denial. However if you want to resolve this and your other issues like his failure to register as sex offender he needs an Attorney
 
he has a lawyer........ one of them stupid public defender ones that take their sweet time with everything and he could be sitting in jail for months before he gets to go to court. if i could find a way to bail him out it would speed up the process. im worried about him
 
SadSteph said:
I WAS THERE. i dont know how many times i must say that..... he was i n n o c e n t!!!!! period.
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Which, once again, is irrelevant. According to the law, he was guilty and must behave accordingly - which means, he is required to register as a sex offender.


- Carl
 
SadSteph said:
he has a lawyer........ one of them stupid public defender ones that take their sweet time with everything and he could be sitting in jail for months before he gets to go to court. if i could find a way to bail him out it would speed up the process. im worried about him
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There may not be a whole lot the attorney can do. It's pretty simple to demonstrate a failure to register ... the state needs only to show that he was required to register as a sex offender and that he failed to do so. Not much wiggle room for a defense. Think of it this way, by the time it DOES get to trial, he may well have served most or all the time he will need to. He could be set free with "time served", AND a requirement to register again.

- Carl
 
or he may very well be bailed out and have an excellent chance to fight this rediculous stuff..... i must say that he DID make a phone call to someone, im not sure who but it was someone official and they had told him that he didnt have to register as a sex offender.... i am a witness to that phone call just wish he would have wrote down WHO he talked to but at the time we both thought it was irrelevant..... however if he gets bailed out he can go immideatley register and THAT will look good on him when he goes to court for this crap...... its the only hope im really holding onto right now
 
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