Assault & Battery Need some pointers and guidence

[felixr]

Ok, So my wife and I had and argument she punched, scratched me, daughter called 911. She was put in jail because of domestic violence. I told the officer that I didn't want to press chargers againt my wife, but the officer said that because of the scratches wich arent that big but still there is evidence that tells she is guilty. So now she is in jail thurday she is booked around 2-3am on friday. She couldn't see the Judge today untill Monday. Now I see the bail is $50,000.00 But a friend of mine told me that it would be better for her to just wait and see the Judge on Monday. So my question is how this Bail money works. I heard you pay 10% of the total Bail amount, do you pay that money if you want to get her out Jail right away?

Or people with first offense get a break when seen the Judge etc, etc?. It is sad that this happened to us but as the victim I don't wish this to no one but I know deep inside my wife is a good person and we can work this out. And sorry for typos =)


Thanks in advance,
Charly.

 

[army judge]

Ok, So my wife and I had and argument she punched, scratched me, daughter called 911. She was put in jail because of domestic violence. I told the officer that I didn't want to press chargers againt my wife, but the officer said that because of the scratches wich arent that big but still there is evidence that tells she is guilty. So now she is in jail thurday she is booked around 2-3am on friday. She couldn't see the Judge today untill Monday. Now I see the bail is $50,000.00 But a friend of mine told me that it would be better for her to just wait and see the Judge on Monday. So my question is how this Bail money works. I heard you pay 10% of the total Bail amount, do you pay that money if you want to get her out Jail right away?

Or people with first offense get a break when seen the Judge etc, etc?. It is sad that this happened to us but as the victim I don't wish this to no one but I know deep inside my wife is a good person and we can work this out. And sorry for typos =)


Thanks in advance,
Charly.

Bail is a very simple thing.
Her bail is $50,000.
You find a bail bonding agency.
They'll charge you about $5,000-5,500 to bond her out within minutes of being paid.
That money you never see.
That's their fee for springing her.
If she has a clean (or a pretty clean) criminal record, she'll see a judge as you said.
The judge will set her bond, normally, if she's got a good history; she can probably get released on her signature and promise to appear.
But, this is where it gets complicated for you and her.
She will probably be ORDERED to stay away from your home, as long as you stay there, too.
If you agree to move out, she can probably return to the home.
But, you must then stay away.
Bottom line, you will not be able to see each other and live together until this is resolved.
That will take weeks, if not months.
They will likely order her to take classes, get counseling, maybe you, too.
And, your kid might be required to get counseling.
This is a BIG problem, that will only get worse, before it gets better.

Before you ask, no, you can't just say it never happened.
You can't just say it was a mistake.
Well, you might be able to say that later, but not right now.

So, she appears Monday, pleads NOT GUILTY, ask for a lawyer, gets her bond reduced, says she'll move in with mom or sister.

She probably won't be allowed to see her kid, unless her visits are supervised.
That's the worse part I mentioned above.
Domestic violence is taken seriously, and you just can't explain or excuse it away.

I'm not being judgmental, I'm just painting you a picture.

I suggest you make some decisions and some arrangements for her when she gets out.
Contact her people, and get her housing, or arrange housing for you.

Good luck, and prepare for the long haul.
This can be fixed, and often does get fixed, but you are no longer in control of a great part of your life.

Here. read how this is handled in courts across California, plus what assitance is availble for you and your family:

http://www.fresno.courts.ca.gov/family/domestic_violence_issues.php

http://www.vwattorneys.com/domestic-violence.php

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

http://da.lacounty.gov/domv.htm



http://www.cpedv.org/

 

[felixr]

Thanks Army Judge, My wife called a friend of ours this morning and then our friend called me and gave me an update about her status in regards when she will be able to see the Judge and yes I am ready to move out and I did explained that to our friend so when my wife calls her again she will let my wife know that I will be the one moving out. So she can stay at home with the kids, I already have a place to stay when she gets out. I have a few questions if you don't mind Army Judge.

1.- What if she pleads Guilty ?
2.- Can she receives phone calls now that she has been booked? (not from me because I am the Victim, but from friends and her familly)
3.- We have 3 Kids and right now they in the house with me, if I move out she will stay at home with the kids>?
4.- And finally. IF the Bail Money is $5,000 Or $5,500. What about the remaining of the $50,000.00 ? Is it still owed? Or is just that 10% that is due to the Bail Bonds Company? This is where I am confused.
5- So if she gets out on bail before seen the Judge she can just come back home and both can live under the same roof as soon as she gets bailed out?

And Again she does not have a criminal record at all she is or was clean all untill yesterday.


---------
Edit.

She was charged with CORPORAL INJURY OF S.



Thank You very Much for help,
Charly

 

[mightymoose]

Don't let her plead guilty. Don't let her do anything without speaking with an attorney.

You can also speak with an attorney (a different one) and see about your options. You can not be forced to testify against your wife.

 

[army judge]

Thanks Army Judge, My wife called a friend of ours this morning and then our friend called me and gave me an update about her status in regards when she will be able to see the Judge and yes I am ready to move out and I did explained that to our friend so when my wife calls her again she will let my wife know that I will be the one moving out. So she can stay at home with the kids, I already have a place to stay when she gets out. I have a few questions if you don't mind Army Judge.

1.- What if she pleads Guilty ?
2.- Can she receives phone calls now that she has been booked? (not from me because I am the Victim, but from friends and her familly)
3.- We have 3 Kids and right now they in the house with me, if I move out she will stay at home with the kids>?
4.- And finally. IF the Bail Money is $5,000 Or $5,500. What about the remaining of the $50,000.00 ? Is it still owed? Or is just that 10% that is due to the Bail Bonds Company? This is where I am confused.
5- So if she gets out on bail before seen the Judge she can just come back home and both can live under the same roof as soon as she gets bailed out?

And Again she does not have a criminal record at all she is or was clean all untill yesterday.


---------
Edit.

She was charged with CORPORAL INJURY OF S.



Thank You very Much for help,
Charly

Okay, let's see.
As Mighty Moose said, she should plead not guilty and request a court appointed attorney. If you have the resources, she will be required to hire her own.

No, she can't get calls in jail. She can probably make calls, as long as she obeys the jail rules. When she can call is up to the jail personnel.

Whether she can return home is up to the judge. I can't predict what the judge will order. Usually, if domestic violence is charged, getting access to the children is often restricted or denied. Often counseling, mental health evaluations, and many, many things must be accomplished first. The operative word is usually.

So, you might be required to keep the kids away from her. You need to consult an attorney, or a domestic violence advocate. You MUST read the information on the threads I referenced. You also should be present at the bail hearing. You might also wish to discuss your family situation with the DA handling the case.

She might be ordered to STAY AWAY from the kids. You MUST be prepared to step up, if you don't, you BOTH could lose the kids. Don't let that happen. Contact those agencies and get their advice. You'll probably be required to get counseling too.

If someone posts her bond, that $5,000 stays with the bonding company. That's their fee. They keep it. Talk to a couple bondsmen, they can explain it to you.

But, it might be best to wait. You won't be allowed to be together, SOON. So, cool your jets. This mess is gonna change your life. Be patient, be smart, be cool.

If she bails out, I doubt you'll be allowed to live together, anytime SOON. If you do, you'll make MORE trouble for her and maybe YOU. The state is gonna be all up in your business. You need a lawyer and/or to chat with a domestic violence agency. They can help both of you.

Before you do ANYTHING get legal advice. There is an exception to the spousal privilege and that comes into play when domestic violence is involved.


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[shrinkmaster]

Other than the sound advice you got on the legal issues you have other issues as well. You need to decide what your going to do about your marriage. If you do nothing this will likely happen again or the event will impact your marriage negatively if not dealt with. Court will likely order your wife into an Anger mangement program but you two need therapy as well. Arguements do not typically get violent. I have been married a number of years and not once did my wife and I have an arguement that brought on violence and we have had some very heated arguements. What about the children? If you do nothing does this teach them violence is ok with no consequences? Yes you, your wife and, children need therapy to dealwith this and how to prevent another episode. In your PM box is a link to a site that might help guide you in this area

 

[BayState]

Ok, So my wife and I had and argument she punched, scratched me, daughter called 911. She was put in jail because of domestic violence. I told the officer that I didn't want to press chargers againt my wife, but the officer said that because of the scratches wich arent that big but still there is evidence that tells she is guilty. So now she is in jail thurday she is booked around 2-3am on friday. She couldn't see the Judge today untill Monday. Now I see the bail is $50,000.00 But a friend of mine told me that it would be better for her to just wait and see the Judge on Monday. So my question is how this Bail money works. I heard you pay 10% of the total Bail amount, do you pay that money if you want to get her out Jail right away?

Or people with first offense get a break when seen the Judge etc, etc?. It is sad that this happened to us but as the victim I don't wish this to no one but I know deep inside my wife is a good person and we can work this out. And sorry for typos =)


Thanks in advance,
Charly.

$50,000.00 seems rather high amount of bail given what you have posted. Can you please post the exact criminal code she was charged with? Thanks.

Oh. How old are the child/ren that were home at the time of the assault?