My question involves criminal law for the state of: WA
My husband was arrested for Assault 4 & Interfering With Reporting Of DV. As a result, there's been a NCO in place for almost 3 months, in which he also hasn't been able to see the kids although they aren't included in the order. A motion I set forth to allow for 3rd party contact was denied.
This is not his first DV charge. He is actually not violent, but mentally he needs help. That was understood the first go-round with this, & thus his plea deal/probation only consisted of 2 years mandated counseling. This time around, at the motion hearing I let the judge know that that's simply not enough, he needs to see not just a counselor but someone able to actually diagnose and perhaps prescribe.
Both times, he has been the one to call the police. This time, he said he called because I kicked our daughter. It was one of those things where it was a complete accident, I didn't see her. She wasn't hurt, but she did cry. This put my husband into a major freak out mode upon her crying where he treated me like a criminal. I tried to comfort her as well as he was holding her but he freaked out, kept her away from me like he needed to protect her. I realized he was having an 'episode' & backed off & left him alone. He called the police & when they arrived, I heard him tell them it was an accident, but apparently that wasn't what he said in the call. They put him in the car & came back in & asked me if I was trying to call 911 & he prevented me. I said no, he did have my phone & I wanted it back but I wasn't going to call 911 with it.
I received a subpoena in the mail several weeks ago along with a date & time for an interview w/ the prosecutor. I misplaced that letter but didn't think it was a big deal as I thought it was a phone interview, and they'd call me. When they never did, I called them & they said it was in-person & I missed it. When they asked if I would be showing up, I said I wasn't sure because of this NCO, I have issues finding a babysitter. I also received a call from his public defender's investigator, who I had previously spoken to & told the whole story to. She called to inform me she had written up a report of what I said and passed it on to his attorney, & was wondering if I'd heard from the prosecutor. I said no, that I'd had an interview I missed & was not planning on attending the court date. She said she wouldn't write that down but would "pass it on" to his attorney.
Well today my friend just informed me she'd be able to babysit if I wanted to go. I just have no idea how to decide if I should go or not. I want him to get help in the form of psychiatric counseling, court mandated. I also don't want them sticking us with this NCO for 3-5 years, as at the time it was initially slapped on upon his release date, it was 5 years. How do my actions best help?
My husband was arrested for Assault 4 & Interfering With Reporting Of DV. As a result, there's been a NCO in place for almost 3 months, in which he also hasn't been able to see the kids although they aren't included in the order. A motion I set forth to allow for 3rd party contact was denied.
This is not his first DV charge. He is actually not violent, but mentally he needs help. That was understood the first go-round with this, & thus his plea deal/probation only consisted of 2 years mandated counseling. This time around, at the motion hearing I let the judge know that that's simply not enough, he needs to see not just a counselor but someone able to actually diagnose and perhaps prescribe.
Both times, he has been the one to call the police. This time, he said he called because I kicked our daughter. It was one of those things where it was a complete accident, I didn't see her. She wasn't hurt, but she did cry. This put my husband into a major freak out mode upon her crying where he treated me like a criminal. I tried to comfort her as well as he was holding her but he freaked out, kept her away from me like he needed to protect her. I realized he was having an 'episode' & backed off & left him alone. He called the police & when they arrived, I heard him tell them it was an accident, but apparently that wasn't what he said in the call. They put him in the car & came back in & asked me if I was trying to call 911 & he prevented me. I said no, he did have my phone & I wanted it back but I wasn't going to call 911 with it.
I received a subpoena in the mail several weeks ago along with a date & time for an interview w/ the prosecutor. I misplaced that letter but didn't think it was a big deal as I thought it was a phone interview, and they'd call me. When they never did, I called them & they said it was in-person & I missed it. When they asked if I would be showing up, I said I wasn't sure because of this NCO, I have issues finding a babysitter. I also received a call from his public defender's investigator, who I had previously spoken to & told the whole story to. She called to inform me she had written up a report of what I said and passed it on to his attorney, & was wondering if I'd heard from the prosecutor. I said no, that I'd had an interview I missed & was not planning on attending the court date. She said she wouldn't write that down but would "pass it on" to his attorney.
Well today my friend just informed me she'd be able to babysit if I wanted to go. I just have no idea how to decide if I should go or not. I want him to get help in the form of psychiatric counseling, court mandated. I also don't want them sticking us with this NCO for 3-5 years, as at the time it was initially slapped on upon his release date, it was 5 years. How do my actions best help?
