Scary reaction leads to DV charge?

[klogan]

What is the name of your state? Ohio

Me and my husband have almost been married 2 years. We moved to Ohio several months ago. Our relationship has always been better than the norm. He only has petty tickets, no other record, he was in the Army for 3 years, a Detroit Police Officer for 5 years. He quit the force to go into real estate investing.

A couple of weeks ago, I was driving my husband home from the store. All was happy. Suddenly he put his arm around my neck and pulled my head almost into his lap and started yelling. I was startled so I swerved and kept driving and ended up into a no outlet zone. He told me to get out and give him the wheel. I paniced and yanked the keys, and proceeded to bail out of the car. The seatbelt caught me, and he saw a guy on a cellphone calling the police, and shoved me from the car and restarted it and took off. The police came and told me to write down everything that happened, which I did. I went to a friends house for the night. The next day my hubby picked me up, dropped me home, and went to work. When he got home, we talked and made an appointment to see a counselor. 5 minutes later the cops walked in and arrested him.

We had been in our place less than a week. My husband was the only wage earner so now I have to work. I went to the pretrial and told the prosecuter that he had never done this before--it's as if he had a seizure of some sort. The state is charging him with DV and wants him the plea to assault, which he won't do. He's been in jail almost a month now. Now they want me to testify against him. Does a wife have to testify against her husband? Prosecuter says she will order substance abuse and mental testing because he might have PTSD or something else. They seem to want to keep him in jail for 3 to 6 months. The court date will probably fall on a workday that I cannot miss without the real risk of becoming homeless. Like I said, I don't understand what hit him, or why they seem to treat this as just another DV case, when they know it is not. Do they need me to testify to nail him to the wall ? What are my and my husbands rights in this matter ?What is the name of your state?

 

[penelope10]

I find it hard to believe that a spouse would just suddenly flip out and display aggressive behavior such as this. (Short of drug use or a serious medical condition such as a brain tumor). Controlling behavior usually escalates from verbal intimidation to physical. I think you should ask yourself whether this was "truly" a new behavior or just an old behavior displayed in a new way.

 

[klogan]

Chemical or Mental or Both

I don't know. We were talking and laughing coming from Walmarts, and this happened. We were exposed to mercury fumes from a lab, but that was in late September. I had a reaction, but that seems far-fetched. He isn't controlling or abusive in other ways, that is why I'm freaking out. He did smoke marijuana and the doctor says some people react to that like they're mentally ill. So with so many things that could be going wrong at the same time--I'm confused. They pushed for drug tests and now are going for mental evaluation. I hope they find the cause because being deadly only has to happen once.

They said it also may be PTSD and chemical.

 

[VeronicaLodge]

good luck Klogan, and let us know what happens.

 

[BL]

I don't know. We were talking and laughing coming from Walmarts, and this happened. We were exposed to mercury fumes from a lab, but that was in late September. I had a reaction, but that seems far-fetched. He isn't controlling or abusive in other ways, that is why I'm freaking out. He did smoke marijuana and the doctor says some people react to that like they're mentally ill. So with so many things that could be going wrong at the same time--I'm confused. They pushed for drug tests and now are going for mental evaluation. I hope they find the cause because being deadly only has to happen once.

They said it also may be PTSD and chemical.

FYI , there may be more than smoking pot , or the pot could have had some other drug mixed in .

The bottom line is it's illegal and he's the one that took it .

 

[penelope10]

Just out of curiosity, what kind of lab were you in when you both were exposed to mercury fumes?

 

[klogan]

Mercury

I was at Belmont Labs. They test ground soil and water for businesses. They have different bacteria and chemicals and they use these for testing. The other technician dumped mercury down the drain--lots of it. The chemist had put it in the dumping area by mistake. We didn't know about the dump, or what it was, until an hour later when the chemist start looking for her bottles. She told us to get out and run the water and shut the door. She said the mercury was airborne. After an hour, she opened the door to the room and outside, and put a big fan there to help vent the fumes. We smelled or saw nothing. The EPA is constantly calling me, of course Belmont didn't report it or won't acknowledge it. The hospital called it in after I showed up there sick. My husband was still in treatment, too.

 

[Ohiogal]

The court date will probably fall on a workday that I cannot miss without the real risk of becoming homeless.

You will most likely be subpoenaed so therefore you must go to court OR a warrant will be put out for you.

Like I said, I don't understand what hit him, or why they seem to treat this as just another DV case, when they know it is not.

How do they KNOW it is not another case? Because you, the victim, say it is not because you, the victim, state that he didn't mean to do it?

Do they need me to testify to nail him to the wall ?

Most likely not. Because there are other witnesses to this matter. Such as the person who called the police to begin with. The guy on the cell phone who saw you SHOVED from the car. The police officer who took the report. Your husband if he answered any questions.

What are my and my husbands rights in this matter ?

You MAY be able to claim marital privilege but don't count on it preventing your husband from ending up in jail.

 

[Shay-Pari'e]

lOVELY,**************....He served in the army and was a police oficer, yet smokes dope.