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HELP! Assault, Arrest, TRO, Death.

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rockyroad10

Junior Member
What is the name of your state (only U.S. law)? PA

Bear with me please, because it is a long story. And not because i stretch it to be long, because a lot of things happened.

On Sunday night there was a fight between myself and my husband, involving his mother and his friend. It happened around 10:00 PM, after an event that he had at his business (a store), where both his mother and I were working, helping serve the food, clean up, and general maintenance stuff. Everyone was drinking. He and I had an argument over some personal issues at the end of the night. My son (he is not his son, and the son is 12), my mother-in-law, and my husbands’ friend were outside. Me and my husband were inside arguing. I left the store with my son. Got in my car to move it to park it over night, called a cab to come and pick us up. Then realized we forgot our dog, that I brought for the event with us. The dog was inside the husband’s business. I left son, got out of the car and went back to pick up the dog. Came inside, picked up the dog and got attacked by husband.

A fight started between us. Friend and mother-in-law got in the middle and in between. Police was called by husbands’ friend. Everyone had visible signs of injuries, but I was bruised the most. I have scratches and bruises all over my arms and legs. He had a few scratches on the face. He beat me up BAD, threw me on the floor, and dragged me outside, all kinds of stuff. Police arrested ME. It was his, his best friends and his mother’s word against only mine. Police believed him and HIS witnesses. He, of course, lied, saying I came back and attacked all three of them. Him and his mother filed complaints against me. I was held in jail for 2 hours then released with no bail. My son had to sit in jail in a cell next to me and wait until I was processed.

I have no prior history of violence. I NEVER had been in trouble before. I have a respectful job, and a college degree. He was in jail before and was arrested for DV before, and is on his 2nd DYI suspension.

I went to the police the NEXT day and filed cross complaint for simple assault, and for a restraining order. The TRO was granted. We have multiple court dates for his complaint and for mine complaint. Both have lawyers. Both will plead not guilty. Currently we have no contact with each other.

Now comes the worst part:
His mother passed away from a heart attack last night. (30 hours after the incident) When she was dying in the hospital he started texting me and calling me, thus violating the RO. Right after that I reported the violation, he was arrested for violation. His family begged me to talk to a detective and drop the violation of a RO charge so he can attend the funeral of his deceased mother. I did. My attorney told me its going to bite me later on and I shouldn’t have been compassionate.

My question: WHAT am I facing? What can be the outcome? What is going to happen? DV is a felony, I am terrified. I am not a citizen, neither is he. Both have green cards. We were together for 7 years, married for only one.

What should I do?
 
Last edited:


Proserpina

Senior Member
What is the name of your state (only U.S. law)? PA

Bear with me please, because it is a long story. And not because i stretch it to be long, because a lot of things happened.

On Sunday night there was a fight between myself and my husband, involving his mother and his friend. It happened around 10:00 PM, after an event that he had at his business (a store), where both his mother and I were working, helping serve the food, clean up, and general maintenance stuff. Everyone was drinking. He and I had an argument over some personal issues at the end of the night. My son (he is not his son, and the son is 12), my mother-in-law, and my husbands’ friend were outside. Me and my husband were inside arguing. I left the store with my son. Got in my car to move it to park it over night, called a cab to come and pick us up. Then realized we forgot our dog, that I brought for the event with us. The dog was inside the husband’s business. I left son, got out of the car and went back to pick up the dog. Came inside, picked up the dog and got attacked by husband.

A fight started between us. Friend and mother-in-law got in the middle and in between. Police was called by husbands’ friend. Everyone had visible signs of injuries, but I was bruised the most. I have scratches and bruises all over my arms and legs. He had a few scratches on the face. He beat me up BAD, threw me on the floor, and dragged me outside, all kinds of stuff. Police arrested ME. It was his, his best friends and his mother’s word against only mine. Police believed him and HIS witnesses. He, of course, lied, saying I came back and attacked all three of them. Him and his mother filed complaints against me. I was held in jail for 2 hours then released with no bail. My son had to sit in jail in a cell next to me and wait until I was processed.

I have no prior history of violence. I NEVER had been in trouble before. I have a respectful job, and a college degree. He was in jail before and was arrested for DV before, and is on his 2nd DYI suspension.

I went to the police the NEXT day and filed cross complaint for simple assault, and for a restraining order. The TRO was granted. We have multiple court dates for his complaint and for mine complaint. Both have lawyers. Both will plead not guilty. Currently we have no contact with each other.

Now comes the worst part:
His mother passed away from a heart attack last night. (30 hours after the incident) When she was dying in the hospital he started texting me and calling me, thus violating the RO. Right after that I reported the violation, he was arrested for violation. His family begged me to talk to a detective and drop the violation of a RO charge so he can attend the funeral of his deceased mother. I did. My attorney told me its going to bite me later on and I shouldn’t have been compassionate.

My question: WHAT am I facing? What can be the outcome? What is going to happen? DV is a felony, I am terrified. I am not a citizen, neither is he. Both have green cards. We were together for 7 years, married for only one.

What should I do?


You should say nothing at all to anyone other than your attorney.

Sorry, I don't mean to sound unsympathetic but we honestly should not second guess your attorney.

Ask him/her your questions.
 

rockyroad10

Junior Member
Thanks for a quick response. I know what you mean, however, my attorney is expensive. I dont have a lot of money. I am already 3k short for a retainer. I also have a child to support on my own.
 

xylene

Senior Member
And the outcome was dropping the charges, pleading the 5th and mutual dismissal!
I hope another part was counseling.

Severe domestic battery does not just happen. Even when people have been drinking. It doesn't matter is you are college educated or hold a "respectful" job

Good luck.
 

LdiJ

Senior Member
And the outcome was dropping the charges, pleading the 5th and mutual dismissal!
I hope that you plan on getting a divorce and staying away from this man and his entire family, since clearly none of them can be trusted.
 

rockyroad10

Junior Member
Yes, I already signed the divorce papers. He did a DIY divorce, i signed, so its done. For one year marriage - there is nothing to fight over or even think about.
 

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