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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

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ANDREA

Customer: replied 3 years ago.
What question can I Answer for you this morning ?
Customer: replied 3 years ago.
After a verbal argument My husband started to get increasingly aggravated and has kicked me in my back and tried to smother me with a pillow, scratching area around my eye, as well as broke my phone in pieces after I said I am calling the police. I managed to call the police and they ended up arresting him 2 days latter as he left home, regardless of whether I wanted or not to press the charges. He is now facing 121.12 FD (D felony) charges. I dont want him to go in jail and just feel like he badly needs anger management as his anger always escalates into him breaking things. He has not hit me before. Is jail time unavoidable? NEW UPDATE: he pleaded NOT GUILTY through his lawyer and now I am not sure how to move forward. I am really worried for my safety and while I did not want him to go to jail, now I really want to make sure my baby and I are protected and I can have a strong case to go forward with the divorce. This happened in the state of NY. Ada still (!) has not seen me and tells me that nothing will change if we wait as she is now in another trial. Could you please give me an understanding of my potential options. Is there a way to minimize affect on him yet protect baby and me in case of divorce? Does it make sense to even continue working on the marriage (I do love my husband and we have a 4m old baby)? Does it make sense to talk to his lawyer to get an insight on the situation? Thank you!

Thank you for your additional information,

 

A delay of a week or two while the ADA is on another trial will not affect the case.

 

You cannot withdraw the charges because it is the police who charged him with the crimes after they saw what he had done to you. Even if you say that you will not testify, the police will testify as to what they saw and how you looked, so they can get a conviction even without your testimony.

 

If your husband reacts violently when he gets angry to the point of breaking things, the Judge will probably order him to take anger management classes, but this will be in addition to some jail time, not instead of jail time. You can ask the Judge to enter a Protection Order to protect you and the baby from his violence.

 

Even if you love him, you are now a mother of a 4 month old baby and you have to think about the baby's safety. If you think that he will not harm the baby, visit the children's floor of any hospital and you will see young children and babies with broken arms, broken legs, and those are the lucky ones who survived the beating from one of their own parents, a beating which the other parent never thought would happen. Whether or not to work on the marriage is not a decision you should think about right now. Have your husband take and complete his anger management classes, then see if he has really changed. You can only see this over a period of time and I do not mean just one or two months. Just keep remembering that if he does anything permanent to the baby in a fit of anger, you will regret going back to him for the rest of your life and you will never forgive yourself. If he has not changed, then there is no decision to make. Neither you, nor your baby should be subjected to his anger and his beatings, just show him the door. You and your baby are better off without someone who will be beating you and your baby,

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Thank you for allowing me the opportunity to be of assistance,

 

 

ANDREA

 

 

 

Customer: replied 3 years ago.
thank you! the ADA is telling me to come in to discuss the options. What could those be?

I think she means that she wants to prepare you as a witness and to tell you the options you have for an Order of Protection/Restraining Order against your husband in order to protect you and your baby. It is of the utmost importance that you both remain safe. Please be kind enough to rate my service to you so that I can receive credit for researching your question ad providing you with Answers. It will not cost you anything additional, but without a customer rating I will not receive any credit for assisting you. Thank you for understanding,


_____________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Thank you for allowing me the opportunity to be of assistance,

 

 

ANDREA

 

 

 

 

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