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Roger, Attorney
Category: Family Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son is on parole, doing well and trying to take care of

Customer Question

My son is on parole, doing well and trying to take care of a severely drug addicted wife and two year old while holding a job and going to school. In one of her drugged stupors, she staggered with the baby and my son grabbed her to protect the baby. She called 911 and now he is charged with domestic battery. We have all grabbed the wife in order to protect the baby at one time or another, but because he is on parole, he is facing returning to prison. Tell me that this can't happen. That a father has no rights to protect his child, if even from her mother. The mother even went to see the DA on several occasions and he doesn't believe her retracted story. This doesn't seem to be justice. What would have happened if the mother had dropped the child? Should I turn myself in for also grabbing the mother in order to protect the baby.
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question, but I'm certainly sorry for your family's trouble.

If the others there can testify that your son didn't abuse or otherwise commit domestic violence, then the charges should be defensible as he should not be penalized for trying to care for the child/protect the child.

It is problematic that he's on parole because even a charge/arrest, etc. can result in being revoked. However, IF he can prove that he was defending the child from the mother who was in a compromised state, he should have a good defensible position against these charges, which could keep him from being revoked.

The biggest issue is going to be the recommendation of the probation officer, so his/her testimony will be very important in determining what will happen in this case.
Customer: replied 3 years ago.

The parole officer wrote a report that he did NOT feel that there was any abuse. He spoke personally with the alleged victim. Also, there were no witnesses except the wife and the three year old. Even when the officers showed up and took a statement, they brought Ben home and did not arrest him. The DA just decided to pursue this matter. Also, how can a three year old be subpeona to testify in a trial?

Expert:  Roger replied 3 years ago.
As you know, even a charge can be enough to be a probation violation, so that's tough for your son's position. However, if he can prove that the allegations and charge are baseless, that could be the best way for your son to avoid being revoked.

Hopefully, the judge will look at the evidence and not at the agenda of the DA, who apparently has some issue with this situation, and find that the entire matter was started by the mother who was under the influence of drugs when the charges were made.

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