Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My son has been charged with Domestic Violence by s wife,

Customer Question
my son has been charged...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
2/16/2016
Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,557
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

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.

.

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.

.

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.

.

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.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 2 years 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.
Lawyer: Barrister, Attorney replied 2 years 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.

.

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.

.

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.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 2 years 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.
Lawyer: Barrister, Attorney replied 2 years 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.

.

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.

.

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

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 2 years 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 reply replied 2 years 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 .
Lawyer: Barrister, Attorney replied 2 years 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.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 2 years 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
Lawyer: Barrister, Attorney replied 2 years 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.

.

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..

.

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.

.

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..

.

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.

.

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.

.

.

thanks

Barrister

Ask Your Own Legal Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,557
41,557 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
It's regarding domestic violence. The police is holding my
It's regarding domestic violence. The police is holding my brother for 72 hours. I asked about bond, but they said it's a mandatory 72 hours. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
Im an currently involved in a domestic violence situation
Im an currently involved in a domestic violence situation and i m having problems with the school giving out my address along with the attorney of the girls giving it out also. Me and the principle ar… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,206 satisfied customers
My husband's niece has accused him of a domestic violence
My husband's niece has accused him of a domestic violence charge, he went to jail for 6 days. We r scheduled for trial on June 28th. He is on disability and needs representation … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Is it legal for the courts to take a domestic violence case
Is it legal for the courts to take a domestic violence case and attach it to a driving on suspended case when they have nothing to do with each other … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have been served with a domestic violence restraining
I have been served with a domestic violence restraining order by my son for attending a public soccer game of my GD and a dance recital of another GD. And also for calling dance studio to order flower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
I want to prserve the evidence of domestic violence and I am
Hi I want to prserve the evidence of domestic violence and I am away from USA. Is it okay legally if I ask my friends to get my styff including the soft file of domestic violence while my hubby is not… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,856 satisfied customers
Domestic violence case is on the 11th that divorce case is
Domestic violence case is on the 11th that divorce case is on the 14th to mediation is on the 7th I have this question according to one of my mini therapist but she's supposed to help you get Rhode Is… read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers
I was falsely arrested! Accused of domestic violence and
I was falsely arrested! Accused of domestic violence and strangulation! They got a warrant 4 days after the accusations! I lost my job and was not allowed at my apartment where I'm the only person on … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was arrested for domestic violence and my ex called the
I was arrested for domestic violence and my ex called the ada to drop the charges. The ada keeps making me plea deals but has not told my lawyer that my ex has called to drop the charges. Is that even… read more
Bill Attorney
Bill Attorney
law
2,225 satisfied customers
I have an arrest warrant for a domestic violence issues on
I have an arrest warrant for a domestic violence issues on 9/22/2014 that I just found out about through a background check from my potential ! employer never been called or mailed about appearing to … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Question pertaining to my Public Defender in Idaho. I was
Question pertaining to my Public Defender in Idaho. I was charged back in January 18 3028 I have literally had the opportunity to maybe speak with her on the phone 3 times and have only seen her in co… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I'm seeking advice regarding a false domestic violence
Good evening.I'm seeking advice regarding a false domestic violence accusation. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My husband is going to court for a domestic violence case on
Hi, my husband is going to court for a domestic violence case on April 11th and I was trying to seek legal advice to see if I should go or what should be done in these cases? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Sorry was disconnected I was denied a public defender at
Sorry was disconnected I was denied a public defender at court when my lawyer dropped me because i could not pay his fees. What can I do? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My girlfriend committed domestic violence against me and
My girlfriend committed domestic violence against me and when I told her if she continued I would call the police she extorted me by saying she would make false accusations of domestic violence agains… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,206 satisfied customers
I have been arrested for Domestic Violence. I asked for a
I have been arrested for Domestic Violence. I asked for a continuance of arraignment because I don't know what I should do. I have never been arrested for anything before. Should I hire a lawyer, i do… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have a question about a misdemeanor domestic violence
I have a question about a misdemeanor domestic violence case … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
429 satisfied customers
Will the application and decree of a domestic violence
Will the application and decree of a domestic violence divorce bring criminal charges against the aggressor? … read more
LegalGems
LegalGems
Juris Doctorate
11,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x