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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23415
Experience:  9+ years defending Misdemeanor and Felony cases.
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My spouse was intoxicated and hit another automobile. The

Customer Question

My spouse was intoxicated and hit another automobile. The accident caused bruises to their face. When the police officer arrived they claimed I had hit them and I was immediately arrested. I was then charged, issued a restraining order from the house, and they have removed $3000 from my bank account. They have left the residence. The police wont provide a civil escort for me to remove my belonging and I can only have the restraining order changed if we both file a statement. They are also sending me multiple text messages. Is there anything I can do without the expense of the attorney in the meanwhile?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Can you please clarify a few things for me and I would be happy to respond? Did these people see who was driving and who hit the car? If not, where were they? Are they tenants and reside in the same home as you? You stated there was a restraining order issues, so I am inclined to believe that when they say you hit them, they are talking about physically with your hand/fist? Who and how was money removed from your personal bank account?
Customer: replied 3 years ago.

Sorry if I wasn't clear. I was the passenger in the vehicle with my spouse. My spouse hit the other car with our car. When the police arrived he told the officer that I had hit him. I believe this was to avoid a DUI with the officer. It didn't matter. I was arrested and taken to jail.


I didn't nor ever would strike him.

My spouse moved from the residence. While I was posting bond, he removed the money from our account. He is now texting me repeatedly stating that I hit him. This has never happened to me. I know that I need to hire an attorney, but am wondering whether there is anything I can do in the meanwhile to have the restraining order modified so I can return to the house as well as have the assault with injury to a family member removed. We have no witnesses other than the accident where he hit the other vehicle.

Thank you so much.

Expert:  CrimDefense replied 3 years ago.
Krista, thank you for the additional information. You can take it upon yourself and proceed back to court, to have the restraining order modified, to allow you to enter the home and remove your belongings. In the body of the motion, you would need to explain to the Judge the reason that you need to enter, how you have nothing at this time and would respectfully ask that the police escort you or an assigned third party to be present, to allow you to remove your personal items. As far as the charge, it is bizarre that he keeps texting you, saying you hit him and lying, just to see you get in trouble. of course, absent any witnesses, it is going to be your word against his, along with the observations of the officer when they arrived on the scene. In an ideal situation, he would not cooperate as the victim or at least advise the State that he does not want to see you prosecuted. For him to keep trying to force the issue is odd. Moreover, he could found to be in violation of the order, if he is texting you when he knows there is not to be any contact. When you go back to court, you can ask to be appointed the public defender, if you are unable to afford to retain private counsel. If you also proceed with divorce against this man for his actions, you can try and recover the $3000 which was taken, as it is likely a martial asset and something you would be entitled to.

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Expert:  CrimDefense replied 3 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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