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Lawdoctor
Lawdoctor, Lawyer
Category: Criminal Law
Satisfied Customers: 1400
Experience:  Practiced criminal law in several states over a 22 year period, from misdemeanors to Death Penalty.
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i have been accused of spousal abuse. do i need legal repr

Customer Question

i have been accused of spousal abuse. do i need legal representation
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawdoctor replied 7 years ago.
Der Customer

Thank you for allowing me to assist you with your question.

The short answer is yes, you need a lawyer. Spousal abuse is a criminal charge and depending on the damages, and or the weapon used, can be a misdemeanor or a felony. In either case, you would end up with a criminal record if convicted.

In court tomorrow, ask for a Public Defender to be appointed to you if you cannot afford an attorney. Tomorrow should be hearing to determine whether you should be held for criminal court and if there is sufficient evidence to go forward. If your spouse testifies that you hit them and they can show bruises or have witnesses, your case will be sent for prosecution and you will have an injunction filed against you to stay away from your home and your spouse. So, yes, you need an attorney.

I wish you the best. Remember to remain calm and be very courteous and respectful to the Judge to show that you are not a violent person. Dress very professionally, you should be mistaken for an attorney!!! This will help you a lot!

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor and 4 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.

thank you. so I want to clarify something, just to make sure I understand what you wrote. I have not been convicted yet. basically, my husband and I had a fight and he said if i left the house with my son, he was going to call the cops. well he did. I had to go to the police station as I had a summons and am going to court tomorrow. i did not hit him, but did push him. he could lie and make it worse. I don't have an attorney as I couldnt get a hold of one this holiday weekend. i was told I would receive a public defender. is that the case for anyone who requests it? can any of this impact my custody of my son as i have no record of any kind of crime and all can testify to me being a great mom. he is trying to use this against me to get me out of our house. any additional input you have would really be appreciated. i'm really scared.

 

Expert:  Lawdoctor replied 7 years ago.
Dear Customer:

Tomorrow is an arraignment, so plea not guilty. Remember to remain calm and if the state does want to go forward with charges, make sure you request a public defender immediately. Your husband if he shows up can try to make it hard on you, but if you will remain calm, cool and collected, you should be fine. If the officers did not see any marks, but your admitted to pushing him, then the court can proceed with the case. More than likely the prosecutor will offer you a pre-trial intervention program where you take an anger management course, do some community service and other conditions, once you do it all the charges are dismissed.

However, if your husband goes and files a separate case for a domestic violence injunction, that is a separate issue and yes, he can request custody at that time. The police would have given him information on how to do this. If they did not, then he probably won't know to do it.

Remember tomorrow --cool, calm and collected.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.