My husband and I got arrested for D felony domestic battery

[lat1111]

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

Husband and I got into an altercation in front of our children. We were both under the influence of alcohol. My husband's statement said that we slapped each other. I recalled pushing, not slapping. 10 year old daughter stated that he took me into the other room and hit me. However, we just continued to yell at each other. My husband has no record and I had a similar case dimissed 3 years ago. We are on a no contact and the children are with relatives. This altercation only happened because of the alcohol and we both agree alcohol is a problem and will no longer be tolerated in our lives. Is there any way to get a motion to suppress statements since we were intoxicated and /or our daughter's statement, since she was not in the room and she was scared and it happened so fast. Or is there any way we both could get a pretrail probation? We understand we are in need of services and feel terrible that the altercation happened in the first place. We are willing to get any services the DFC or the county thinks we need and for our children. I just graduated from college and he is to start college soon. Having this on our records will only hinder our careers in the future. Thank you.

 

[mistoffolees]

You should RUN, not walk, to the nearest attorney. You're not going to get this cleared up via an internet help forum.

 

[Proserpina]

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

Husband and I got into an altercation in front of our children. We were both under the influence of alcohol. My husband's statement said that we slapped each other. I recalled pushing, not slapping. 10 year old daughter stated that he took me into the other room and hit me. However, we just continued to yell at each other. My husband has no record and I had a similar case dimissed 3 years ago. We are on a no contact and the children are with relatives. This altercation only happened because of the alcohol and we both agree alcohol is a problem and will no longer be tolerated in our lives. Is there any way to get a motion to suppress statements since we were intoxicated and /or our daughter's statement, since she was not in the room and she was scared and it happened so fast. Or is there any way we both could get a pretrail probation? We understand we are in need of services and feel terrible that the altercation happened in the first place. We are willing to get any services the DFC or the county thinks we need and for our children. I just graduated from college and he is to start college soon. Having this on our records will only hinder our careers in the future. Thank you.

You have a history of DV.

You both have a problem with alcohol. You both need attorneys, and you both need treatment.

And your kids need to be in counseling, too.

 

[lat1111]

We have attained separate attorneys because it was advised that way. I agree that we need all of the treatment and conseling and am completley willing to go thru with anything.

The previous DV I (the wife) recieved was dropped but I feel some kind of conseling or treatment should have been offered then. But I guess that is in hindsight and my own issue.

 

[Proserpina]

We have attained separate attorneys because it was advised that way. I agree that we need all of the treatment and conseling and am completley willing to go thru with anything.

The previous DV I (the wife) recieved was dropped but I feel some kind of conseling or treatment should have been offered then. But I guess that is in hindsight and my own issue.

Honestly, if you've both got attorneys there's really not much a message board - even one as awesome as this - can do for you.

We can't second guess your attorneys. But good luck - hopefully this is the wakeup call y'all need.

 

[marshalAK]

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

Husband and I got into an altercation in front of our children. We were both under the influence of alcohol. My husband's statement said that we slapped each other. I recalled pushing, not slapping. 10 year old daughter stated that he took me into the other room and hit me. However, we just continued to yell at each other. My husband has no record and I had a similar case dimissed 3 years ago. We are on a no contact and the children are with relatives. This altercation only happened because of the alcohol and we both agree alcohol is a problem and will no longer be tolerated in our lives. Is there any way to get a motion to suppress statements since we were intoxicated and /or our daughter's statement, since she was not in the room and she was scared and it happened so fast. Or is there any way we both could get a pretrail probation? We understand we are in need of services and feel terrible that the altercation happened in the first place. We are willing to get any services the DFC or the county thinks we need and for our children. I just graduated from college and he is to start college soon. Having this on our records will only hinder our careers in the future. Thank you.

We can't solve this here - but sounds like at least you understand this isn't acceptable and no way to live. This is a refreshing change from the usual poster we've seen here. Good luck and hope your insights take you where you want to go!

 

[lat1111]

Thank you for your insights.
I was really wondering if how possible it would be for the motion to dismiss statements....Or how possible it would be for pretrial probation. Are these common/ possible?

 

[mistoffolees]

Thank you for your insights.
I was really wondering if how possible it would be for the motion to dismiss statements....Or how possible it would be for pretrial probation. Are these common/ possible?

What does your attorney say? He knows the judge and no one here does.

 

[CdwJava]

Thank you for your insights.
I was really wondering if how possible it would be for the motion to dismiss statements....Or how possible it would be for pretrial probation. Are these common/ possible?

On what grounds would you make a motion to dismiss your statements?

If it works the same in your state as many others, then some sort of deferral program might be available to allow you access to counseling and conditional release. if you succeed, maybe it goes away ... if you fail ... well ...

 

[lat1111]

Mine is in good with the judge but he told me he is more on the side of the safety of the children which is fine. I didn't mention these things to him today and the next time I see him is Friday at court. I was going to mention these to him then.

I know it is a long shot but on the motion to dismiss statements: My daughter was in the other room and did not see the whole conversation. I was 5 seconds away from an anxiety attack and I found out my statement isn't even listed. My husband and I were both intoxicated. Nevertheless, the statements do not match.

 

[CdwJava]

Mine is in good with the judge but he told me he is more on the side of the safety of the children which is fine. I didn't mention these things to him today and the next time I see him is Friday at court. I was going to mention these to him then.

I know it is a long shot but on the motion to dismiss statements: My daughter was in the other room and did not see the whole conversation. I was 5 seconds away from an anxiety attack and I found out my statement isn't even listed. My husband and I were both intoxicated. Nevertheless, the statements do not match.

Conflicting statements and the like are issued for a jury, generally.

You can ask your attorney, but I suspect the statements will be in.

 

[cyjeff]

I will further add that the way your statements are worded it appears that you believe that the no contact order isn't legally binding.

No contact means just that... NO CONTACT. Even if it is to talk about how alcohol is no longer tolerated in your lives.

A court order is exactly that... an order. Not a guideline or a suggestion. Not something to ignore when you feel you no longer need it.

It has the force of law upon those named within. Failing to keep the no contact order can and should find one or both of you jailed.

If you must communicate, do it through your attorneys ONLY. No notes, no messages through friends or children, no messages on email or facebook. NO CONTACT.

 

[lat1111]

I do understand that it is legally binding. (the no contact) I have not seen or talked to him since court. His family has let me know what he is saying his intentions are and probably vice versa, kind of heresay. No messages for each other. No nothing like that . I cannot chance getting in more trouble or with the situation with my children.