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Violation of protection order and bail violation

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kajinking3

Junior Member
What is the name of your state Conneticut?

For the last year and a half at random times my mom and her boyfriend got into very serious arguments (mostly when he came home drunk or was out someplace he wasn't suppose to be). My mother met him at a biker bar and I know for a fact that he was in jail for 15 years but I don't know for what charges. His entire family is known around town for being in trouble with the law on and off since they were way back in highschool. My mother works at a local Rite Aid and back in April after a bad fight he went down to her job and decided he wanted to continue arguing there. Since it was a holiday weekend the store was very very busy and naturally the yelling got a lot of attention and one bystander tried to stop it only to be yelled at and threated by my mom's boyfriend. In the end he was arrested and sentenced to anger management classes and for a time he moved out of the house and I hoped out of our lives in general. However my mother refuses to think she can live on her own and after many many promises of being better and helping out more she started dating him again and he moved back in much to my displeasure. My mother's boyfriend did do work around the house and even helped pay for a new oven and kitchen cabinets for our house out of generosity however when fall came things started again. The tension was always still there and after one argument HE called the cops when my mother tried to throw him out of the house. He demanded the cops arrest her if she tried to leave because he claimed the oven, cabinets, and everything else he worked on belonged to him and he planned to take them all out with him even though they were attached to the house and all he has to his name is a single green pickup truck. Things eventually calmed down and he was let back in AGAIN. About three weeks ago another fight broke out and in a rage he tried to remove the fullsize over/stove from our house as well as the cabinets at 1:30 in the morning. He went so far as to remove every dish from them and even move the oven half way across the kitchen before giving up. After this I swore to myself that if another fight broke out I was calling the cops and not so suprisingly another fight broke out last night. It was the usual (he was out getting drunk at a local car garage where he and all his friends hung out) he was so drunk you could smell it coming off him and he was in the door for half a minute before the fight broke out like a bomb going off. After a year and a half of panics attacks, fear of the night fight, and long tense days after each fight I finally called the cops. While I was doing that my younger sister was trying to calm him down and talk to him when he put his hands on her neck in a very unsettleing way. When the cops arrived they spotted him in this postion through the window before ringing the bell, he went outside and was arrested since apparently there was still a protective order against him from the earlier incident when he called the cops. It turns out by living here he was violating that order and was arrested for the violation and criminal tresspass if I'm not mistaken. He yelled and swore at my mother (thinking she had called the cops) from inside the cop car in full view of both officers. He was taken away after we gave some brief statements to the police and I had hoped that would be the end of it for the night. About an hour later he was back under police escort after getting bailed to get his clothes and a few other small things. He said sorry to my mother before yelling at her once more well within hearing range of the officer. After he left I tried to go to bed only for him to come back roughly 30 minutes later, park his truck in front of our neighbors house and talk to my mother through her bedroom window in an attempt to try to convince my mother to let him back in the house. This started yet another argument which was heard by me and my sister despite his attempts to be sneaky. He left before we could call the cops but he came back and tried it YET AGAIN 20 minutes later giving my sister enough time to call the police. He left but was pulled over and arrested not far from here for violating some contract he had signed with police to not to try and make contact with us as a term of his bond. I'll be honest I'm scared, he never hit my mother or anyone here but it came close a few times and whenever my mother threatened to call the cops on him he would always yell "The better send every cop they have!!!". He has massive anger issues, is a felon, and knows full well where to get his hands on a lot of guns illegally. What I want to know is a few things


1: Does he truly have any claim to anything in the house he worked on or payed for as part of a gift

2: By the sounds of it what charges could he face for this incident?

3: Will the previous incidents and the officers first hand accounts be factored into any court case?

4:Mostly I just want to get a rough idea of how much jail time he could be facing, I do not look forward to the day he gets out

5: My mother refuses to take strong action against him and continually tried to sugercoat her statements to the police during all three incidents. Is there anyway I can give a statement to the judge or police to make the full extent of the issue known in order to make sure he gets the proper jail time?

6: Will the fact that he broke bail twice within the span of one hour of leaving jail have a major impact on his case?

7: Will my mother's forgiveness and the fact that she let him stay with us despite the protection order affect the case? (Does inviting him in nullify or weaken the charges against him?)

8: How much will his criminal record (15 years) affect his punishment

Sorry for the long story but like I said I'm scared for my life here, my mother wants to trust and forgive him despite all that's happened but I'm worried he might seriously try and kill us once he gets out. He literally has nothing to his name, no job, no house, one broken down pickup truck, and almost no money whatsoever. He has nothing to live for and he has never hesitated to threaten anything that has dared to get in his way. Please if anyone can get back to me I would like to hear some answers.What is the name of your state (only U.S. law)?
 


Hot Topic

Senior Member
The fact that your mother keeps up her little, "Go away. No, come back," game is not going to play well in court.
 

Antigone*

Senior Member
Nothing you can do. I guess mama just likes them bad boys.

Also, didn't get past the third line. Way to much dribble.:cool:
 

Ozark_Sophist

Senior Member
He has no claim on the fixtures unless there was an agreement. He could be looking at serious time. How old are you, your siblings?
 

st-kitts

Member
What is the name of your state Conneticut?
After this I swore to myself that if another fight broke out I was calling the cops and not so suprisingly another fight broke out last night. It was the usual (he was out getting drunk at a local car garage where he and all his friends hung out) he was so drunk you could smell it coming off him and he was in the door for half a minute before the fight broke out like a bomb going off. After a year and a half of panics attacks, fear of the night fight, and long tense days after each fight I finally called the cops. While I was doing that my younger sister was trying to calm him down and talk to him when he put his hands on her neck in a very unsettleing way.
First, good for you. You should be proud of yourself for calling the police in protection of your mom and sister. That is the right move each and every time you fear the argument is getting out of control.

Since you are an adult however, I strongly suggest you move out at this time.

1: Does he truly have any claim to anything in the house he worked on or payed for as part of a gift
I doubt it. I suspect if he tries to tear those items out of the house, he would face charges if the cops were called.
2: By the sounds of it what charges could he face for this incident?
It will depend what type of PO or RO was against him in the first place, and there are numerous ways he could be charged for assaulting your sister. Here are some possibilities but really, we can’t tell you.
Violation of a protective order is a class A misdemeanor, punishable by up to a year in prison, a $1,000 fine, or both (CGS § 53a-110b).
Entering or remaining on property in violation of the order constitutes criminal trespass in the first degree, which is also a class A misdemeanor. In addition, the court may raise or revoke the defendant’s bail or release for a violation (CGS § 46b-38c).
A standing criminal restraining order is a form of punishment against the defendant who has been convicted of certain crimes of violence against a family or household member.
Violation of a standing criminal restraining order is a class D felony that is punishable by one to five years imprisonment, up to a $1,000 fine, or both (CGS § 53a-110c).
3: Will the previous incidents and the officers first hand accounts be factored into any court case?
I would expect yes.

4:Mostly I just want to get a rough idea of how much jail time he could be facing, I do not look forward to the day he gets out
1-5 years appear on the table, but it would not surprise me if the answer were no jail time. I would not prepare mentally for jail time. You could reach out, and I strongly suggest you call the national domestic violence hotline and ask for the number for your nearest DV outreach office. A local advocate at the local shelter or DV outreach office can give you a much better sense of what to expect locally.
5: My mother refuses to take strong action against him and continually tried to sugercoat her statements to the police during all three incidents. Is there anyway I can give a statement to the judge or police to make the full extent of the issue known in order to make sure he gets the proper jail time?
You could contact the DA after charges are filed and indicate that. Did the police interview you at the time?
6: Will the fact that he broke bail twice within the span of one hour of leaving jail have a major impact on his case?
Unknown to me.
7: Will my mother's forgiveness and the fact that she let him stay with us despite the protection order affect the case? (Does inviting him in nullify or weaken the charges against him?)
Not necessarily, but if she refuses to cooperate it will make the case harder to prosecute. Her behavior is typical of an abuse victim, but I realize that is cold comfort to you. I really suggest that you look at the how to help a friend section on the National Domestic Violence Hotline website and maybe even read books such as “why does he do that?” by Lundy Bancroft. “To be an Anchor in the Storm” is another book and it is specifically geared toward friends and family trying to help someone in an abusive relationship.
8: How much will his criminal record (15 years) affect his punishment
I can’t answer that one.
Sorry for the long story but like I said I'm scared for my life here, my mother wants to trust and forgive him despite all that's happened but I'm worried he might seriously try and kill us once he gets out. He literally has nothing to his name, no job, no house, one broken down pickup truck, and almost no money whatsoever. He has nothing to live for and he has never hesitated to threaten anything that has dared to get in his way.
Take your instinct seriously. Understand that you can’t rescue your mom, but you should protect yourself. Calling the police was a great step. If you think someone needs to protect your sister and mom can’t, please do something. If you fear for your life, listen to that fear.

Please be safe. Good luck.
 

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