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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118710
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband has an anxiety disorder--we stay at home most of

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My husband has an anxiety disorder--we stay at home most of the time and don't socialize a lot--he has never liked my daughter and they have argued over the phone in the past. Last Wednesday I was speaking to her when he yelled several times at her over the phone-things like 'I hate you bitch', 'do not show up here or you'll regret it' etc the same things he has always yelled but I sensed his anxiety level getting higher-stress due to our moving and I have recently lost my job. He has a legitimate disorder--my daughter has become a little more understanding as she is a nurse and even commented that it was weird he was screaming and then quietly asked me to help him with the French coffee press--back and forth between anger and calm. About an hour later I went to the police station (now I know that was a huge mistake) to ask what I would need to do to have him involuntarily evaluated if he would not agree--I am not afraid of my husband--I love him--but felt concerned that his anger was heightened. No one was pressing charges against him although my son-in-law said he might call the police. Well, before I knew it I had told the cops about the call, about his temper, that we do collect guns, that my husband had notified the Kansas State Judicial Board about our local DA (who has a private practice and has sent threatening letters to my husband from a local veterinarian--we paid 1/2 a bill and are disputing the other 1/2--the cops already knew), about private information including our sex life, his sleep patterns etc etc) ALL of which I now regret as I will most likely lose my husband. ANyway, no one tried to call him or go to the house--instead (because we own guns) they called the KBI and had our home surrounded and the Swat Team present! Which is insane! I went to get help for my husband not have him arrested. Anyway, he never knew cops were all around him, he at somepoint got in his pickup to go get some lunch in town and was soon surrounded and arrested = charged with Criminal Threat--even though no one pressed charges and the arrest warrants were done by this same DA (who recused himself the next day)--he was thrown into isolation, I was not allowed to see him until the next afternoon-- an informal hearing was held in the Undersheriff's office and the judge went to my husband's cell to speak with him privately (what is that?)--he was sent that afternoon to Larned (state hospital) with really no evaluation being done as it is a holiday. His bond was set at a ridiculously high $75,000 CASH. They had search warrants and tossed our home, seized MY guns which are registered (worth $20,000) and told me IF I get them back, it may be months! What is that? I am unemployed and need to sell them--my record is spotless--my husband has a few misdemeanors from years and years ago. He also has a Medical Marijuana card from Colorado (we have a home there)--no pot was found in our home but they did find paraphernalia and seeds--he just forgot to take them out of his luggage from our trip to Colorado). He is being told his arraignment will be on Tuesday at 4pm back in Scott City, KS (our home and where he was arrested) and then will be taken back to the state hospital. Can we ask for a change of venue? A lowered bond and NOT cash? Is the charge excessive and should be dropped or.....? This is insane! I ADORE my husband and now through my stupidity have caused a huge miscarriage of justice--he needs therapy on an outpatient basis--if at all---HELP!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
The problem is with a Domestic Violence case you are not the victim, the state is and since there is a potential bias with the DA you had grounds to have the DA removed from the case, but the DA already did that for you by recusing himself. If you can show he could not get a fair trial or representation there even though the DA has recused himself then that would be grounds for a change of venue.

The charge of threats under domestic violence would not be excessive, but certainly defendable because in order to have threats there had to also be some reasonable fear that they would be carried out and with your daughter not present the threats could not be carried out against her and as such your husband should be seeking to go to trial.

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