Domestic Violence

My brother-in-law was arrested today. His wife pushed him down the stairs while he was carrying a computer and then when he got up she kept on pushing him he finally retaliated and she called the police. He was arrested and when he told the policeman that he was first pushed down the stairs he was told that he did not have any bruises and that since she did have a scratch on her lip that he was going to go to jail. His family was then not allowed to see him until he was let out. The officer said that this is known as a cooling off period and that noone would be allowed to see him. We are trying to find out if this was legal. His wife told the police that he was strangling her when she pushed him down the stairs and that is why she pushed him. She had no bruises on her neck. We live in Alabama. My husband went to the staiton and asked them to see his brother and was told he couldnt see him. He then asked to see the law on the book and they wouldnt let him. We have never had anything like this happen in our family and we would appreciate any advice that could be given to us. Thank You

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Sounds like they know they arrested the wrong person but want him to confess to something he didn't do as a first agressor. So your only choice now, I am afraid, is to hire a private criminal defense attorney to bring a motion to have this dismissed based on self-defense (bearing there are witnesses). Otherwise, let's see how this will work. If you know she said he was stranglng her, and you didn't see any marks on her neck, be prepared to testify to that.

Cooling off period? Never heard of it. He has a right to see an attorney and they must afford him that right.

Try http://www.attorneypages.com or call your state bar association and ask for lawyer referral.