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My husband got into an argument with my daughter and her fiance.

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My husband got into an argument with my daughter and her fiance. It was over my grandaughter and how she was being punished. My husband pushed her and she hit him, so he hit her back. Words were said. He tried to tell her to leave him alone, but she was trying to get to her daughter, who was in a room, at the time. He poured brake fluid on her. I tried to intervene and then her fiance got into it with him, pushing shoving. My husband asked him to leave him alone, also, but my husband was getting worse, as they kept after him.
the police were called and long story short, both of them pressed charges against my husband. Hers was assault against a family member, his is assault and battery. My husband had a nervous breakdown over three years ago, before we met and is on medicine for his mood swings. The medicine was cut back on him due to federal government issues of heart problems with the drug. He went through a withdrawal from it, but seemed to be okay up to now. The last couple of months, it seemed he was getting agitated over little things, like my grandaughter fussing, crying; towels not being put up, small trival things. We all live together in one house.
My husband left the house we are living in and moved back to his house. I convinced him to go to the VA hospital for mental evaluation and he is up there now, since I felt with his medication being cut back, it wasn't working too well for him.
I am wondering if this could be used for his defense, since he literally went beserk and that was one of the side effects of the medicine, along with the irritability, etc. I don't want him to go to jail, if this can be settled out of court, by all four of us going to counseling to work things out. My daughter is thinking of dropping her charges, but convincing her fiance is another thing.
Any ideas?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 4 years ago.

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QUESTION: "Any ideas?"


ANSWER: Yes. First of all, please allow me to say that I am genuinely sorry for this painful chapter in your family's life. Also, some of the following comments may sound rather discouraging, but I am speaking plainly rather than doing you the disservice of misleading you. I believe every word you related about your husband's mental issues. However, I do not think any of that will be particularly helpful at all in his defense. Here is how this works. Modern law imposes a rather high standard when it comes to trying to raise such an affirmative defense. Also, even if both of the complainants try to retract their reports, I do not see the case against your husband disappearing entirely. The botXXXXX XXXXXne is that the conduct you have described by your husband against your daughter is a very serious matter. At least potentially, she could have been left permanently damaged, so it is imperative that your husband be afforded effective representation and assistance of counsel. Toward that end, if for some reason your husband has not done so, his absolutely imperative number one priority is to speak with a local criminal defense attorney now. He could schedule a consultation right now for a very modest fee of $35: Virginia Lawyer Referral Service. That is the way to achieve the objective to which you alluded, namely working toward settling the matter. This would be done by his attorney approach the prosecutor to negotiate a plea bargain, the manner by which the majority of criminal cases are resolved.


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Customer: replied 4 years ago.
Thank you, XXXXX XXXXX the charges are serious, but I still feel with him admitting himself to a mental health inpatient clinic at the VA, plus the paperwork I have on the drug he is taking, which was cut in half, may have had something to do with his behavior. He admitted, little things were adding up, and this was a big blow out. What I have read, in some other websites, that if the plantiffs do dismiss their charges and agree to some kind of counselling, between the four of us, the judge will see we are working to resolve the problem(s) and probably, either dismiss the charges or put him on some kind of probation. What do you think?
Expert:  LawHelpNow replied 4 years ago.

Hello again,


Thanks for writing back -- good to hear from you.


You are quite welcome-- my pleasure to be of service.


I will be glad to comment further -- please see below.


Kindly just let me know if you are having any problem with submitting your acceptance of my answer. I would be glad to help out if so or ask our support team for assistance if needed.


QUESTION: "What do you think?"


ANSWER: Again, this is just my professional opinion based upon some 15 years of licensure as an attorney. I would not expect to see an entire dismissal of the charges. Rather, I would expect to see a negotiated plea bargain. Hopefully, I will be proved wrong, but realistically this is my honest assessment. What I can say with absolute certainty, however, is that each day your husband allows to pass without seeking legal counsel lessens his chances of seeing a favorable outcome. Time is truly a factor here. Only he can act.


Take care and thanks again for choosing JustAnswer®!

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