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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33713
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My son has been charged with Domestic Violence by s wife,

Customer Question

my son has been charged with Domestic Violence by his wife, which he claims are all untrue. this charge was necessary to get him removed from the property. he had no previous criminal record and no charges against him nor had she ever called for help to anyone family, 911. now she has a protection order against him for 90' . how does one fight a bogus charge when the law believes it to be true?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This is something that I saw a lot in my days as a Public Defender... with both men and women.. And to be very honest, it is often hard to fight it if there is any evidence that some kind of abuse happened. But he would want to fight this all the way and take it to trial because if he took a plea, this has far reaching consequences not only on his gun rights, but also the stigma that is attached to a domestic violence conviction. If there is no physical evidence of any domestic violence, then it will boil down to whose testimony the jury and judge find to be more credible.

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But it is up to the prosecution to prove their case beyond a reasonable doubt (i.e. 99+%) to a jury in order to get a conviction. So if his attorney can inject that bit of doubt by proving that there have never been any issues and no previous calls and giving them a plausible reason why she would fabricate this story, then they will win.

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As for having a Public Defender, they are some of the most experienced attorneys out there simply due to the sheer volume of cases that they handle and take to trial. So that wouldn't concern me very much if I were him.

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thanks

Barrister

Customer: replied 9 months ago.
t hanks.. the dv charge has never proven or even discussed, it's been like its true because she's said its true yet they keep charging him for "being in violation of dv charges" how can he be in violation of something that doesn't exist. and if they believe it does exist on whose word and what proof?? he now has a criminal record and looking at prison tme.
with jail time and all that all on her lies.
Expert:  Barrister replied 9 months ago.

Well, he isn't in violation of the charges, he would be in violation of any temporary restraining order that was issued based on the allegations of DV. The judges issue these to err on the side of caution because if they didn't, and the alleged offender returned and killed or seriously injured the other person, the judge has to answer questions about why they didn't issue a restraining order. And judges don't like answering that type of question because it looks bad come election time.

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And no, he doesn't have a criminal record unless he is convicted or pleads guilty to the charge. Right now all he has is a charge that may or may not stick. If it is dismissed or he is found not guilty, then he can have it expunged as if it never happened.

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And no, this type of charge isn't a felony and doesn't carry prison time. It would be local county jail if he actually was convicted and got jailtime, which is pretty unlikely unless they have some strong proof that he actually did do something.

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thanks

Barrister

Customer: replied 9 months ago.
thanks again. would like to talk but need to print out so i can discuss it with my son.
he said his public defender advised that 2 cases before got the maximum so he plead guilty. can one change their plea after the fact?? the Klickitat County Adult Probation really socked it to him but # ***** says:You have the right to a hearing before a judge to discuss any of the conditions above.
but how does he do this? he goes to jail 2/17-18.
Expert:  Barrister replied 9 months ago.

Ok, that changes things entirely because I was under the assumption since you said he has been charged with DV, that he hadn't actually gone to trial or pled yet.

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That makes things tough if he has already pled guilty.... He can file a motion to withdraw his plea if he does so quickly within a few days of entering the plea. But the longer it goes, the less likely it is that the judge will allow it.

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So he is going to have to get the motion filed to withdraw his guilty plea and see if the judge will allow it...

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thanks

Barrister

Customer: replied 9 months ago.
oh no he plead guilty of being within 90' of her protection order based on the bogus DV charge.
which is untrue and unproven.
Customer: replied 9 months ago.
i should've add that even the protection order is based on lies she claims she is fear of her life
but no evidence, proof of any kind, 911, sheriff office calls, no ,calls to her family or ours .
Expert:  Barrister replied 9 months ago.

Ok, his recourse is still to have his attorney file a motion to withdraw his guilty plea if it has only been a few days or weeks... any longer than that and it is unlikely a judge would allow it.

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thanks

Barrister

Customer: replied 9 months ago.
Hi Mr. Barrister, sorry about not ra ting you last night it would of been Excellent. Thank you.
could you explain how its determine that he is guilty of her DV charges, ordered off the property including his business of many years. they couldn't have based it on any records as he had no criminal record or any warrants or complaints against him. i understand what you explained about the judges need to protect his and the counties position. and the protection ordered needed in such cases but what about purgy and my son's whole life bring ruined by someones lies. he
goes to jail for 2 days tomorrow. thanks
Expert:  Barrister replied 9 months ago.

could you explain how its determine that he is guilty of her DV charges, ordered off the property including his business of many years. they couldn't have based it on any records as he had no criminal record or any warrants or complaints against him.

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Well, he is deemed guilty because he pled guilty to the charges instead of taking it to trial and forcing the District Attorney to prove their case..

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Once the judge put the DV protective order in place, he can't have any contact with her...even if the entire complaint is fake. When he does, he violated the protective order and that is an entirely new criminal charge. He has to fight it through the system and prove that he is innocent...... yes, that is what I said....prove he is innocent. It isn't right, and it isn't the way the justice system is supposed to go, but in cases like this, it often turns out that way because the accuser is presumed to be telling the truth, although they often aren't.

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So he kind of made it easy for them when he didn't fight it and take it to trial and pled guilty just to get it over, which often happens..

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It happens a lot more than you would think because often the person is sitting in jail, can't get bailed out, and is given an offer that will get them out.. so they take it.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister