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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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I have to go to court this wed under a domestic violence

Customer Question

I have to go to court this wed under a domestic violence case. The person who filed it wants to come in home with sheriff prior to case and get his things. He said that he will let the court case go if I give him his things. Should I allow him to. The person who filed upset bc the police came prior to him filing bc he hit me first.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of criminal law experience. It is a pleasure to assist you today.

You should get him to put this in writing that if he is allowed to remove his possessions, then he will dismiss the charges. He can email this to you if that is the most convenient thing. By doing so, if he proceeds forward anyway, you can use this as evidence to cast doubt on his claims against you that he went against his own word. It will be a character questioning detail if he does not do as he has stated.

You should definitely let him get his things with law enforcement present. If this goes to court, you never know how things are going to turn out. By allowing him to do this (especially with a written acknowledgement of his plans to drop the case), you control the dynamic. If you go to court, even if you have a good defense, you do not control the dynamic and it can have life altering consequence. A conviction for domestic violence will make it very hard to get a job, get credit or a loan, etc.

Let me know if you have any other questions.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you had any additional questions or comments. I want to make sure you are as comfortable as possible with this important issue. Thanks

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