need some domestic violence court advice...

[mikeirvan]

What is the name of your state? Missouri

hello. On December 06, I had 1 too many beers, and my wife made me mad or something so I pushed her into the stove (it was turned off). Something I wouldn't do normally when I'm sober. at the same time i was pushing on her mom's bedroom door trying to get in. I am not a violent person and domestic violence is something I definitely don't agree with. I love my wife a lot and would never ever try to harm her. when i pushed her, it was just a reflex action, and I regret doing it. she knows how much i love her, and knows how sorry i am for doing it. Her and her mom called the cops, and I was taken to jail for 24 hours. It was my first time I ever went to jail (after all, I don't even have a criminal record). and it is definitely not a place for me. I work, and than go home. that's my life. I don't go to bars, I don't go joy riding, etc. as much as i like to drink, i go to a bar probably once a year. My wife and I have now decided to seperate for a while over the situation, but I have given up alcohol for a while over it. I haven't had a drink since December 06. anyway, to make a long story short, after I was let out of jail the next day I thought that was the end of it. but last week I got a summons in the mail at my wife's house to show up in court in a couple weeks about this. my wife and her mom are supposed to show up to. does anyone have any idea what the judge might do? should i get a lawyer? will I be thrown in jail again, or just be fined? some advice would be helpful. thanks.What is the name of your state?

 

[BelizeBreeze]

What is the name of your state? Missouri

hello. On December 06, I had 1 too many beers, and my wife made me mad or something so I pushed her into the stove (it was turned off). Something I wouldn't do normally when I'm sober. at the same time i was pushing on her mom's bedroom door trying to get in. I am not a violent person and domestic violence is something I definitely don't agree with. I love my wife a lot and would never ever try to harm her. when i pushed her, it was just a reflex action, and I regret doing it. she knows how much i love her, and knows how sorry i am for doing it. Her and her mom called the cops, and I was taken to jail for 24 hours. It was my first time I ever went to jail (after all, I don't even have a criminal record). and it is definitely not a place for me. I work, and than go home. that's my life. I don't go to bars, I don't go joy riding, etc. as much as i like to drink, i go to a bar probably once a year. My wife and I have now decided to seperate for a while over the situation, but I have given up alcohol for a while over it. I haven't had a drink since December 06. anyway, to make a long story short, after I was let out of jail the next day I thought that was the end of it. but last week I got a summons in the mail at my wife's house to show up in court in a couple weeks about this. my wife and her mom are supposed to show up to. does anyone have any idea what the judge might do? should i get a lawyer? will I be thrown in jail again, or just be fined? some advice would be helpful. thanks.What is the name of your state?

Get an attorney and have that attorney request a diversion to anger management. You may THINK you are not a violent person, but what you did was violence. And the point now is to not allow it to repeat.

As for jail, that's entirely up to the court.

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[seniorjudge]

Charge/Judgment/Description:
Domestic Assault - 3rd Degree - 1st/2nd Offense { Misdemeanor A RSMo: 565.074 }



Missouri Revised Statutes
Chapter 565
Offenses Against the Person
Section 565.074

August 28, 2006


Domestic assault, third degree--penalty.

565.074. 1. A person commits the crime of domestic assault in the third degree if the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, as defined in section 455.010, RSMo, and:

(1) The person attempts to cause or recklessly causes physical injury to such family or household member; or

(2) With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument; or

(3) The person purposely places such family or household member in apprehension of immediate physical injury by any means; or

(4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to such family or household member; or

(5) The person knowingly causes physical contact with such family or household member knowing the other person will regard the contact as offensive; or

(6) The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member's access to other persons, telecommunication devices or transportation for the purpose of isolation.

2. Except as provided in subsection 3 of this section, domestic assault in the third degree is a class A misdemeanor.

3. A person who has pleaded guilty to or been found guilty of the crime of domestic assault in the third degree more than two times against any family or household member as defined in section 455.010, RSMo, is guilty of a class D felony for the third or any subsequent commission of the crime of domestic assault. The offenses described in this subsection may be against the same family or household member or against different family or household members.

(L. 2000 H.B. 1677, et al.)



http://www.moga.mo.gov/statutes/C500-599/5650000074.HTM

 

[sumrdaz99]

first of all hearing you say "she made you mad"isnt accepting responseability,the reflex you speak of is acully part of the cognative cycle fantasy to be direct,i have learned much about my behaviors in dv class,so might you hopefully they wont force you away from loved ones like they have me read my post in probation thread under sumrdaz99

 

[Shay-Pari'e]

first of all hearing you say "she made you mad"isnt accepting responseability,the reflex you speak of is acully part of the cognative cycle fantasy to be direct,i have learned much about my behaviors in dv class,so might you hopefully they wont force you away from loved ones like they have me read my post in probation thread under sumrdaz99

That made no sense.

 

[ceara19]

That made no sense.

I think sumrdaz99 has had one too many as well.