Another domestic violence case

[Silverplum]

This is not requesting legal advice. This is requesting emotional support.

SO true.

He can read old threads, but he may not make comments within them.

 

[rawdata]

LOL. Two pages and only one post which is actually related to the question I asked. It took me more time to write the OP than to understand that this forum (or at least this thread) has nothing but judgement and morals. Good luck with your attitude, I'm looking for advice elsewhere.

 

[Silverplum]

LOL. Two pages and only one post which is actually related to the question I asked. It took me more time to write the OP than to understand that this forum (or at least this thread) has nothing but judgement and morals. Good luck with your attitude, I'm looking for advice elsewhere.

Have a nice evening.

 

[commentator]

Quote: "I'm here to hear the stories of other people, and please, don't tell me what I'm doing right or wrong."

Awww, come on guys, don't tell him what he's doing right or wrong! O.P, they've changes the laws in the last few years. Fiddle around and get the police called, and whoever's bleeding, appears to be getting the worst of this situation, argument, disagreement, etc. somebody goes to jail.

We don't and the court won't give a rats patootie how much you guys make, how you don't want to press charges, how totally nothing the incident was, etc. You obviously have or have had an out of control situation in your home, and hopefully they can preclude any real awful violent repercussions by sending both of you, or one of you, whatever they decide, to anger management classes.


"I want to drop the charges. I want to drop the charges! (because this other person is a second coming of Jesus, an innocent victim, and falsely accused!") was said by every single abused spouse in America at one time or another. It is not important to them how threatened you felt, whether you were bleeding or whether you wanted to drop charges. Get an attorney, and in the future, you and your spouse have got to discuss things in such a low key manner that law enforcement is not involved, or things will go about this way.

 

[rawdata]

Quote: "I'm here to hear the stories of other people, and please, don't tell me what I'm doing right or wrong."

Awww, come on guys, don't tell him what he's doing right or wrong! O.P, they've changes the laws in the last few years. Fiddle around and get the police called, and whoever's bleeding, appears to be getting the worst of this situation, argument, disagreement, etc. somebody goes to jail.

We don't and the court won't give a rats patootie how much you guys make, how you don't want to press charges, how totally nothing the incident was, etc. You obviously have or have had an out of control situation in your home, and hopefully they can preclude any real awful violent repercussions by sending both of you, or one of you, whatever they decide, to anger management classes.


"I want to drop the charges. I want to drop the charges! (because this other person is a second coming of Jesus, an innocent victim, and falsely accused!") was said by every single abused spouse in America at one time or another. It is not important to them how threatened you felt, whether you were bleeding or whether you wanted to drop charges. Get an attorney, and in the future, you and your spouse have got to discuss things in such a low key manner that law enforcement is not involved, or things will go about this way.

Thank you, this at least looks like something topic-related. I agree that what we did was wrong, but this was not a crime by any means, I love my wife and she loves me even though the things escalated a bit too much. If you have experience with anger management classes can you please let me know if this might lead to case dismissal or it will be a part of guilty plea?

Thank you.

 

[Ohiogal]

Based on my ten seconds of internet research, "The adverse spousal privilege allows the spouse of a criminal defendant to either testify or refuse to testify against the defendant if the parties are married at the time of the trial" See State v. Christian, 267 Conn. 710, 729 (2004).

So if you refuse to testify against your wife, there's a possibility that the government will be compelled to dismiss the case.

Spend a couple thousand dollars and hire a lawyer for your wife and let the lawyer walk you through the process.

Domestic violence is an exclusion from this doctrine.

 

[quincy]

What is the name of your state (only U.S. law)? CT.

Me and my wife have been arguing for a while and when we started to get noisy neighbors called police (we live in a paper thin condo). When police arrived they had to arrest my wife ...

... I don't want the charges to be pressed. We spent the whole day waiting for the judge to call for my wife and protective order was given to her stating that she can't abuse me ... They are charging her with class c misdemeanor.

Once your argument became so loud as to attract the attention of neighbors and the police, any control you had over the situation ended. The police arrested your wife and charged her with a misdemeanor. The matter is now one between the State of Connecticut and your wife.

1. Why was the next hearing scheduled in 6 weeks even though for other people requests after 1st of August were denied as taking too long?
2. What's happening next? I checked in public records and the status of case is awaiting plea. As far as I understand prosecutor will suggest a deal? Is there any chance the deal will include decreasing misdemeanor to infraction which will only require a fine to be paid?
3. As far as I understand they may also suggest family violence prevention program. How much time will it take for the case to be dismissed if we apply for that program?
4. Can I file a motion to dismiss the case before pre-trial hearing?
5. Does my wife qualifies for public lawyer? ...

Your wife needs an attorney. She can apply for a public defender but if her income does not qualify her for a PD, she should look to hire a private attorney. You can provide the funds for her attorney if you want to.

You cannot "dismiss the case." The State is charging your wife. It will be up to the State whether to pursue the charge or reduce the charge or dismiss the charge.

Your wife can enroll herself in a family violence prevention program (as can you). The prosecutor and the court will look more favorably on both of you if you attempt to resolve the issues that led to the violent incident, this before your wife is ordered by the court to complete a violence-prevention program (which is a likely outcome). Getting professional help in dealing with how you and your wife communicate with each other could help in getting the misdemeanor reduced to a lesser offense.

Here are Connecticut links that might be of help to you and your wife in locating services. Although the first link is Waterbury-specific, you can be directed to services in your area - or you can contact through the second link the Connecticut Department of Public Health and the Department of Children and Families for services in your area. http://www.familyservicesgw.org/services.shtml
https://www.jud.ct.gov/Publications/cr137P.pdf

We are not going to plead guilty by any means, my wife will plead not guilty and I will support her as much as I could. We are not rich, but we have some savings and I'm ready to spend them on the lawyer to make sure the outcome is as good as possible. But before doing that I need to gather as much info as possible to make sure my decisions are efficient. ...

You can/should seek out help from a domestic violence organization in your area. You may not think you are a victim but the State is viewing you as a victim. You were injured during a domestic dispute. Your wife is the one who injured you.

Again, seek out legal assistance (definitely recommended for your wife) and a domestic violence advocate (strongly recommended for you).

 

[rawdata]

Your wife needs an attorney. She can apply for a public defender but if her income does not qualify her for a PD, she should look to hire a private attorney. You can provide the funds for her attorney if you want to.

Ok. So if she's eligible can she just go to court any day and apply for the public attorney or she has to wait for the next hearing date and apply then? Also, if she's assigned public attorney will public attorney talk to me? I don't want to end up with having an attorney which will not talk to me. I'm pretty sure that private attorney will talk to me/my wife, but I'm not so confident about public one.

You cannot "dismiss the case." The State is charging your wife. It will be up to the State whether to pursue the charge or reduce the charge or dismiss the charge.

This is surprising but it's the way it's.

Your wife can enroll herself in a family violence prevention program (as can you). The prosecutor and the court will look more favorably on both of you if you attempt to resolve the issues that led to the violent incident, this before your wife is ordered by the court to complete a violence-prevention program (which is a likely outcome). Getting professional help in dealing with how you and your wife communicate with each other could help in getting the misdemeanor reduced to a lesser offense.

1. So she can apply for FVEP before FVEP is suggested by the court? They told us that social services will arrange an interview with us, will they suggest the same program? It seems that we need court approval for the application, so if we apply before next hearing date which is awaiting plea will we have to plea not-guilty anyways and request to approve the application or it will be done during the hearing which comes afterwards?

Here are Connecticut links that might be of help to you and your wife in locating services. Although the first link is Waterbury-specific, you can be directed to services in your area - or you can contact through the second link the Connecticut Department of Public Health and the Department of Children and Families for services in your area. http://www.familyservicegw.org/services.shtml
https://www.jud.ct.gov/Publications/cr137P.pdf

Thanks for the links, however, the first one leads to 404 error. Can you please share the correct link?

Thank you.

You can/should seek out help from a domestic violence organization in your area. You may not think you are a victim but the State is viewing you as a victim. You were injured during a domestic dispute. Your wife is the one who injured you.

Ok. Seems like state thinks that it knows better what happened. So I have to fight to even have the right of word. Well...US justice is considered to be fair, I guess we know have a chance to see if it's true.

Again, seek out legal assistance (definitely recommended for your wife) and a domestic violence advocate (strongly recommended for you).

What's the role of victim's advocate in this case? Do you refer him/her to legal processing or just to dealing with what happens in terms of communication between me/my wife? I already talked to victim's advocate located in the court house and she seems to be nice lady but it doesn't look like she has any impact on the case at all.

Thank you for all your answers, I'm glad that I finally started getting advises not only morals.

 

[Proserpina]

Don't be surprised if your wife's attorney does not want to speak with you or involve you in any way.

You're very welcome.

 

[quincy]

Ok. So if she's eligible can she just go to court any day and apply for the public attorney or she has to wait for the next hearing date and apply then? Also, if she's assigned public attorney will public attorney talk to me? I don't want to end up with having an attorney which will not talk to me. I'm pretty sure that private attorney will talk to me/my wife, but I'm not so confident about public one.

If she is charged with an offense that can result in jail time, the judge will ask her if she has an attorney. She will be given the opportunity to apply for a public defender.

Any attorney (private or public) who represents your wife represents her interests ONLY. What is said between the attorney and your wife is confidential. You will not be a party to their communications. If you want an attorney to talk to you, you must hire your own attorney.

1. So she can apply for FVEP before FVEP is suggested by the court? They told us that social services will arrange an interview with us, will they suggest the same program? It seems that we need court approval for the application, so if we apply before next hearing date which is awaiting plea will we have to plea not-guilty anyways and request to approve the application or it will be done during the hearing which comes afterwards?

You and your wife can make use of the resources provided. You and your wife can enroll in a domestic violence prevention program. You do not have to have to be ordered by a court to make use of the programs available.

Thanks for the links, however, the first one leads to 404 error. Can you please share the correct link?

Sorry. I left off a necessary "s" in the link provided above. It works now.

Ok. Seems like state thinks that it knows better what happened. So I have to fight to even have the right of word. Well...US justice is considered to be fair, I guess we know have a chance to see if it's true.

Yes. It is too bad that the arguments between you and your wife resulted in police intervention.

What's the role of victim's advocate in this case? Do you refer him/her to legal processing or just to dealing with what happens in terms of communication between me/my wife? I already talked to victim's advocate located in the court house and she seems to be nice lady but it doesn't look like she has any impact on the case at all.

A victim's advocate can work in court as an "insulator" between you and your wife (the one who injured you). The advocate can help you understand the court process. The advocate can answer some questions for you (e.g., why the state has stepped in and what you do now). The advocate does not have any impact on the case. S/he is your support system.

Here is a link to domestic violence resources in Connecticut (I believe the numbers provided are current):
http://www.ct.gov/ag/lib/ag/currentissues/domesticviolenceresources.pdf

 

[Silverplum]

The court will very likely count the spouse's income when determining eligibility for a public defender.

 

[TigerD]

The court will very likely count the spouse's income when determining eligibility for a public defender.

Not necessarily. We don't in domestic violence cases.

TD

 

[CdwJava]

Based on my ten seconds of internet research, "The adverse spousal privilege allows the spouse of a criminal defendant to either testify or refuse to testify against the defendant if the parties are married at the time of the trial" See State v. Christian, 267 Conn. 710, 729 (2004).

So if you refuse to testify against your wife, there's a possibility that the government will be compelled to dismiss the case.

Spend a couple thousand dollars and hire a lawyer for your wife and let the lawyer walk you through the process.

Most states have an exception to spousal provelege for DV. CT has such an exception: C.G.S. § 54-84a (b); C.G.S. § 54-84b (c).

Universal Citation: CT Gen Stat § 54-84a (2012)
(a) Except as provided in subsection (b) of this section, in any criminal proceeding, a person may elect or refuse to testify against his or her then lawful spouse.

(b) The testimony of a spouse may be compelled, in the same manner as for any other witness, in a criminal proceeding against the other spouse for (1) joint participation with the spouse in criminal conduct, (2) bodily injury, sexual assault or other violence attempted, committed or threatened upon the spouse, or (3) bodily injury, sexual assault, risk of injury pursuant to section 53-21, or other violence attempted, committed or threatened upon the minor child of either spouse, or any minor child in the care or custody of either spouse.

Universal Citation: CT Gen Stat § 54-84b (2012)
(a) For the purposes of this section, “confidential communication” means any oral or written communication made between spouses during a marriage that is intended to be confidential and is induced by the affection, confidence, loyalty and integrity of the marital relationship.

(b) Except as provided in subsection (c) of this section, in any criminal proceeding, a spouse shall not be (1) required to testify to a confidential communication made by one spouse to the other during the marriage, or (2) allowed to testify to a confidential communication made by one spouse to the other during the marriage, over the objection of the other spouse.

(c) The testimony of a spouse regarding a confidential communication may be compelled, in the same manner as for any other witness, in a criminal proceeding against the other spouse for (1) joint participation with the spouse in what was, at the time the communication was made, criminal conduct or conspiracy to commit a crime, (2) bodily injury, sexual assault or other violence attempted, committed or threatened upon the spouse, or (3) bodily injury, sexual assault, risk of injury pursuant to section 53-21, or other violence attempted, committed or threatened upon the minor child of either spouse, or any minor child in the care or custody of either spouse.​

 

[rawdata]

Now we are talking, but honestly I've read this and it seems to me that I will have to testify if requested. Is it worse than not testifying? I mean I know that if they don't listen to my point of view they will not be able to find a few words which they'll be able to use against my wife, by if I'm going to tell them that it was an accident will this work? Or it will be treated as if I actually proven that she scratched my face?

 

[Zigner]

Now we are talking, but honestly I've read this and it seems to me that I will have to testify if requested. Is it worse than not testifying? I mean I know that if they don't listen to my point of view they will not be able to find a few words which they'll be able to use against my wife, by if I'm going to tell them that it was an accident will this work? Or it will be treated as if I actually proven that she scratched my face?

Unfortunately, all too often victims of domestic violence will say that it was "an accident", or that it was their "fault". The bottom line is that the court hears that quite often. As was said previously, you would benefit from counseling to help you understand not only that this *is* abuse, but also to help you understand why you are trying so hard to say that it's not.