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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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emergency custody while i was charged of domestic violence

Resolved Question:

emergency custody while i was charged of domestic violence.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



Again, you need to have a pending matter. Unless, you can show there has been actual harm to your son, you need to file divorce and then request an emergency hearing for Temp Custody.


With the pending Restraining Order matter, it will be nearly impossible for you to get that done unless you have proof that she has harmed your son.


Sorry. I wish there was a better solution at this time.



Customer: replied 6 years ago.
Relist: Incomplete answer.
So, then what would it be the worst result, if I fail at the court to defend myself and best result if I am successful
Expert:  Samuel II replied 6 years ago.



Well, if you are convicted, then that can be used against you and your chances of any type of custody are minimized.


If you win, then you have a better chance depending on how a court feels it is in the child's best interest



Customer: replied 6 years ago.

so, if I am convicted then am I going to jail or pay fines? So, since this was filed as a temporary protective order, so it could be permanent protective order?


If I win, then we will talk about custody that time or since she also filed legal separation, we will get another court date for custody and separation?


I just want to know what possible will happen to me next Weds. This is only to determine whether I will be a threat to her and my son or this is nothing to do with legal separation, correct?

Expert:  Samuel II replied 6 years ago.



Correct. If it is made permanent, that will affect your custody situation.


If you are found guilty of a DV charge, you could face a jail penalty. It depends on the facts and the matters and the judge you get. It also depends on whether your spouse is willing to have the DA offer you a plea agreement.


Wednesdays hearing appears to be on the Protective Order only. And that is where you need to show you are not a threat to anyone.


Customer: replied 6 years ago.

Thank you so much for your answers. Can you tell me exactly how I have to prepare all this? Do you think it will be a PLUS for me to mention her mentality since she has suffered from depression and taken anti depressant pills and recently she requested her doctor to prescribe stronger dose. Also she admitted that she was unstable and irrational on this our relationship situation. Should I bring the copy of her email that mentioned above? Do you think it might be a good defense to mention that I never involved with her any physical violence in our marriage life? I personally think my best defense could be to mention that her unstability and irrationality caused all of this and she even mentioned that she made me mad on purpose and said that I hurt her so much then why she could do one little thing to me even after we decided to go see counseling together.


When she said, I hurt her so much was way back in 2008/2009, then I apologized to her and told her didn't realize how much she was in pain in our relationship because there was no decent communication between us. Then last July in 2010, we started our first couple counseling, then I have been trying to do my best but she caused a few problems and she admited that it was wrong.


Do you think it will be a good idea to defend myself in this way?

Expert:  Samuel II replied 6 years ago.



Whatever the truth is. You certainly want to let the Court know the history of how this evolved. Importantly, you want to show it was an isolated incident.




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