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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My daughter and her boyfriend are recent college grads and

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My daughter and her boyfriend are recent college grads and moved in together. Recently her boyfriend was arrested on 4 counts of domestic violence as police were called to their home where they were arguing outside. Both were intoxicated. My daughter had a bloody lip. Each were separated and interviewed and then her boyfriend was arrested. My daughter explained to me that she fell because she was arguing and pushing her boyfriend and that he did not hit her. At this point there is a court date for a hearing. Clearly there are other issues at hand beside this legal problem. My daughter did not claim abuse. Can the court still move forward with charges against her boyfriend?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

The court can move forward with charges against your daughters boyfriend without your daughter's cooperation. That said, without her cooperation it would be almost impossible for them to obtain a conviction.

Please allow me to explain – I will be happy to address follow-up questions.

In most cases of domestic abuse, the abused victim it is at least initially reluctant to cooperate. The abused person will often defend the abuser and believe that it is her own fault that the injury occurred. It is for this reason that the court will at least initially proceed with the charges without your daughter's cooperation.

I would be glad to respond to any follow-up questions that you may have.
Customer: replied 3 years ago.
To the Second part of my question. What is the possible outcome of the upcoming court date. Is that when the police will disclose any other evidence such as possible witnesses? Will her boyfried be able to address the situation? Will we, my daughter or her boyfriend's parents be able to make statements to the fact that we have never witnesses abuse or to the personal character of each? Could charges be dropped? They were both very intoxicated and clearly should avoid becoming intoxicated. They are both young and headed off to Grad school and want this behind them. Each are willing to avoid alcohol.

The hearing that is scheduled is likely the arraignment. The arraignment is very important because at the arraignment the district attorney's office can add or delete charges. Her boyfriend will need to plead not guilty. He can ask that an attorney be appointed by the court at the arraignment however it would be best to retain private counsel prior to the arraignment. Some testimony may be permitted but the purpose is to determine whether the case will go forward and the extent of the charges.

I would be glad to respond to any follow-up questions that you may have
Customer: replied 3 years ago.
Is it recommend that my daughter stay at her residence with her boyfriend or should she move back home during this time prior to the court date? Currently she is staying with us because the police explained that there is a temporary order to avoid contact. I thought that according to NH law, that she would have to ask for a restraining order. Isn't that true?

The police have the authority to obtain a temporary restraining order without the consent of your daughter. If you daughter moves back in with her boyfriend, he can be arrested for violation of the restraining order. What many people do not understand is that the DA has full control and not the victim.

I would be glad to respond to any follow-up questions that you may have
Customer: replied 3 years ago.
Please clarify - in the State of NH - can a temporary restraining order be put in place - in a case of suspected domestic violence - without a complaint. Can the purported victim have that restraining order removed?

in the State of NH - can a temporary restraining order be put in place - in a case of suspected domestic violence - without a complaint.
Yes it can be put in place without the victim filing the complaint. In your daughter's situation the police filed the complaint

Can the purported victim have that restraining order removed?
No. The restraining order and the charges against the boyfriend are entirely in the hands of the district attorney's office. In fact they will likely pressure your daughter to cooperate

I would be glad to respond to any follow-up questions that you may have.
Customer: replied 3 years ago.
I appreciate your reply. In the eyes of the court, would it be a better situation for my daughter's boyfriend if she were to attempt to get the order withdrawn or to completely stay away from the initial court hearing?

It would typically be helpful for your daughter to attend the hearing in support of her boyfriend. The most helpful thing would be for your daughter's boyfriend to retain counsel before the hearing. Additionally your daughter will need to be prepared for pressure to testify against her boyfriend from the DA's office and likely from a victims advocate
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