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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23417
Experience:  9+ years defending Misdemeanor and Felony cases.
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I have a good friend that has been in an abusive relationship

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I have a good friend that has been in an abusive relationship for over 10 years, although, her husband has never hit her-his anger has caused many items in their house to be destroyed and he has verbally abused her for about 10 years, not allowing her to do things, have complete control over her and always the constant threat. Last year, he pulled a gun on her and threaten to kill her if she did not do as he said and he was than arrested and spent a little more than 4 months in jail, until a friend of his bailed him out. There is a restraining order on and he has recently pleaeded guilty to one felony count of roberry with using a gun. He is currently awaiting disposition and it is not clear whether he will or will not receive additional jail time. He might just get time served with probation. In pass experience, does the restraining order usually stay in effect during the probationer period.

And, to further fuel the problem; she is seriously thinking about getting back with this guy to give him another chance as she feels jail has changed him. Although, they have have not seen one another, they have talked by phone and he is argumentative on the phone, barking orders and being completely in control as he was before hand. It makes no sense why she would want to get back with him and she even admits it probably will not work out. To make matters even more insane, she is the wage earner in the family, as the guy does not work and they have no children.

I am so fearful of her life if she goes back to him. That is why I would love to know what the judges usually do in these situations as I realize if the judge and prosecutors necks are on the line if something would to happen with my friend.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

Robbery with a weapon is normally something that involves prison time, so it is likely he could be going away for a long time, depending on the facts of his case. Considering his prior record and the fact that he served 4 month for pulling the gun on her and now is being charged with another crime involving a gun, he could be looking a serious prison time. The restraining order should remain in effect until lifted by the court but your friend could ask that the court extend it or even ask for tighter restrictions to be in place. If the RO is in place, it is likely being violated by the fact that they talk on the phone. If the court were to find out, he could be charged with violating the order and have to answer to the court. Thank you. If you do not have any other questions, please click the accept button, so I can get credit for my answer

Expert:  CrimDefense replied 5 years ago.
Have you considered reporting the violation of the RO?
Customer: replied 5 years ago.

Thanks for the answer! It also says he is awaiting disposition at what is now schedule date for his sentencing. What exactily does awaiting disposition mean? And, if he accepted the plea last time in court-does that mean the judge has accepted the plea arrangement as well.

Expert:  CrimDefense replied 5 years ago.
The disposition is when the Judge imposes/orders the sentence on the defendant. It is the final step in the case. If there was a plea deal made, the Judge will review it and determine if it is acceptable, based upon the facts of the case and prior criminal history of the defendant. Thank you. Please click the accept button, so I can get credit for my answer.
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