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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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My son was arrested for battery. He claims he did not

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My son was arrested for battery. He claims he did not touch. She is bipolar. She has had three other guys arrested on the same charges. They all pledge guilty. My son pledge not guilty. He is out on bail. He has pictures of his face all cut up. She swung a belt buckle at his face. She keeps claiming he is breaking the order of protection. HE IS NOT   She has had 3 arrest warrants out on him. The current one is for 150,000.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  J D Haas replied 9 years ago.
These issues are important tactical decisions that should be addressed by your son's lawyer. If your son's lawyer cannot represent your son capably, then you need to find another lawyer. Her mental health, other charges, and the e-mail that she sent indicate that there may be facts in favor of your son's version of the case. Your son's lawyer should be aggressively investigating these facts. If not, then perhaps a new lawyer is necessary.

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J D Haas and 6 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
How long can she keep claiming he is breaking the order of protection. If I pay this bail she will just file another one in a day or two. He can't even find out what she is claiming. Doesn't he have any rights? Must he sit in jail lose his job and ruin his life. He has never been arrested in his life He is 38 years old. She is supposed to know someone who just keeps pushing this thru. Even the police who pick him up say they can't understand how this happening. Who could I contact to get some answers.
Expert:  J D Haas replied 9 years ago.
If he is released on bail and returns to his residence and stays there he should have no problems. He needs a criminal defense lawyer. The criminal defense lawyer can find the parameters of any protective order. That should be easily done.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.
Customer: replied 9 years ago.
How do you show that he is staying at his home. This is what he has been doing except the one day he needs to go to his office ( he works mainly out of his home ) She even had him arrested at the office the one day he went in
what do you mean by the parameters of the order
Expert:  J D Haas replied 9 years ago.
The order for protection will set a geographical boundary to protect the alleged victim. The person violates the order when he or she goes out the proscribed geographical boundaries. For example, the person cannot come within 500 feet of the victim, cannot call the victim cannot email the victim, etc. Your son should have received a copy of the order so he knows when he is violating it and when he is not.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.
Customer: replied 9 years ago.
He has stayed away from her. Can she just go in and say he is following me and calling me. Can she just go in and say that Doesn't she need any proof When she e-mailed him didn't she break her own order of protection
Expert:  J D Haas replied 9 years ago.
Yes she needs proof. Mere accusations should not be sufficient. Yes she violated the order by contacting him. It is inconsistent to require an order of protection but unilaterally contact the person of whom a person is afraid.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.