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faye lee
faye lee, Lawyer
Category: Criminal Law
Satisfied Customers: 1528
Experience:  JD and Masters of Law degrees and have over 20 years experience
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I live in Oregon. In April of this year my husband and I had

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I live in Oregon. In April of this year my husband and I had a very big fight where he started to break a glass picture frame and the telephone. This is not the first time that he has broken something but for some reason this time he scared me!! I called the cops. I thought of course that they would calm the sitaution down and leave. But as I am sure you know that is not what happened. My husband was arrested, fortunately the children where asleep so they are not an issue. Jim was taken to jail It took about 4 weeks for the final judgement which included a batterers intervention program. No one would listen to me that the fight was mutal and we needed marriage councilling. We are doing the councilling but he still has over 6 months left of his program. It is putting $$ and emtional stres on the family. The councillor agrees that the program is not appropriate. What chance do I have in having the sentence changed to get Jim out of the program?
Was your husband ever represented by an attorney?
Customer: replied 8 years ago.

Yes. I was disappointed in the attorney because I felt that if he had been more aggressive he could have lowered the final sentence even more but he recommended my husband take the following plea bargain and we were desperate to get back together. My husband was also very concerned about money too.


The DA went down from a menacing charge to a disturbing the peace plea with 36 months bench probation, $1133 in fines and fess with $1000 suspended, 40 hours of community service, counseling and taking an medication recommended by the councilor along with the batterers intervention program.


That was probably more than you asked for but I am really tired of dealing with a program that says that men should not be respected and that children should not be made to obey.

My husband did his community service hours in about 3 weeks I think. He takes an anti-anxiety pill because the councilor diagnosed him with an anxiety disorder and we go together for counseling which has been working wonders on both my husband and our marriage.

Hello, if your counselor feel that this program is not the appropriate course, then you may need to modify the court order.You would need to show that your husband is doing well and has improved and has met the max benefit from the program. You would need an affidavit from the counselor and petition the court to admend the court order. You may consider contacting your attorney or file pro se. I hope this helps if so click accept.
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Customer: replied 8 years ago.
What are the chances of a court modifing a court order particuraly in relation to what they think is domestic abuse? If we fail in this attempt my husband has to start the program over at week 1 of 52.
If the petition is well documented then there is a chance you will get it modified. YOU should also include a document from yourself supporting the petition. You would have better results with the attorney filing such.
Customer: replied 8 years ago.

My husband just let me know that his conviction was actaully disorderly conduct second degree. Does that change the picture any? Or is the gameplay the same?

No , he will need to show that he has met the max benefit of the program.
Customer: replied 8 years ago.
Okay. One more questions. Would you as an attorney recommend modifying the sentence knowing the if it fails we have to start back at week 1 for 52 weeks?
In my opinion you have too much to lose to risk a Judge not granting your petition.My spouse is a Judge and he turns down more than he grant by my observation of his cases.But I feel most jurisdictions are similar.
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