tryin2help
Junior Member
What is the name of your state? Virginia
My ex-husband has been charged with a Class 6 felony for a 3rd offense of Assault/batter against a family member or household member. The first offense was when we were together(but not married) in 1992(or early 1993).Then the law was that it wasn't considered a Class 6 felony unless the 3rd offense was committed within 10years of the the other two. Well apparently they changed the law in 2004, To state that if the 3rd offense was within 20 years of the other two it was considered a Class 6.
Where does this leave him in concern to my case? Shouldn't the law that was prevalent in 1992(or 1993) be the one followed since that is when it happened? I can't even remember what the outcome of the case was(we had since gotten married then later divorce, with no other abuse problems).
He had since remarried, this is a 2nd offense on his current(soon to be ex) wife. She claims he threatened her with a knife. He claims he didn't. That he was trying to leave and she attacked him and bit him on the chest and the leg. That he shoved her off of him only because she was biting him. He made it out of the door, and she called the police.
He informed the officer and the magistrate of the bite marks but no one took any pictures of his marks. He said they told him that they couldn't arrest both of them.
He has not bothered her, harrassed her or had any contact with her unless it involves paying child support to her. He wishes to be out of the marriage and out of the situation. He is currently living with me and my husband. He has a steady job, and is going to start Anger management classes on the 21st of this month(on his own free will, not court ordered).
Basically I need any kind of advice to be able to present to him so he can present to his attorney(which is court appointed). I don't see how my case in 1992 can be still in factor. He is to go to court in May. Any advice is greatly appreciated. Thank you.
My ex-husband has been charged with a Class 6 felony for a 3rd offense of Assault/batter against a family member or household member. The first offense was when we were together(but not married) in 1992(or early 1993).Then the law was that it wasn't considered a Class 6 felony unless the 3rd offense was committed within 10years of the the other two. Well apparently they changed the law in 2004, To state that if the 3rd offense was within 20 years of the other two it was considered a Class 6.
Where does this leave him in concern to my case? Shouldn't the law that was prevalent in 1992(or 1993) be the one followed since that is when it happened? I can't even remember what the outcome of the case was(we had since gotten married then later divorce, with no other abuse problems).
He had since remarried, this is a 2nd offense on his current(soon to be ex) wife. She claims he threatened her with a knife. He claims he didn't. That he was trying to leave and she attacked him and bit him on the chest and the leg. That he shoved her off of him only because she was biting him. He made it out of the door, and she called the police.
He informed the officer and the magistrate of the bite marks but no one took any pictures of his marks. He said they told him that they couldn't arrest both of them.
He has not bothered her, harrassed her or had any contact with her unless it involves paying child support to her. He wishes to be out of the marriage and out of the situation. He is currently living with me and my husband. He has a steady job, and is going to start Anger management classes on the 21st of this month(on his own free will, not court ordered).
Basically I need any kind of advice to be able to present to him so he can present to his attorney(which is court appointed). I don't see how my case in 1992 can be still in factor. He is to go to court in May. Any advice is greatly appreciated. Thank you.