Advice regarding past domestic violence and recent arrest

[Amanda35]

What is the name of your state (only U.S. law)? New Mexico

My ex-boyfriend was arrested last Friday for battery against a household member and interuption of communications. What happened was he was yelling and when a threat to call the police was made he used restraint so that we couldn't get to the phone. He never hurt us but he was still arrested for the reastraining. He has had police called on him before for arguing and playing too rough with a baby (it was an accident but the police were still called but nothing was done and they left)

He is currently in jail for a misdemeanor awaiting his court date on January 6th. What I am wondering is, will they just let him out on his court date and give his probation? I know you can't say for sure, but what is the likelihood? After serving 30 days in jail before court how probable is it that he will get more time?

I want to know what to expect, even if it's just an educated guess. I don't expect you to predict the future.

Please don't judge me. I am doing the best to do the right thing for me and my son, even though I didn't see this behavior coming when I met him and we have been seperated for a while now still want to keep it from happening again.

 

[HighwayMan]

It's impossible to say or even guess. Does he have an attorney? What about his previous criminal record?

Many courts are tough in domestic violence situations. Has an order of protection been issued against him? Many times, depending on the jurisdiction, this is standard procedure. You need to find this out for sure otherwise he will get in even more trouble if he gets out and you two are together.

 

[HighwayMan]

In your subject line you say "past domestic violance and recent arrest". What past domestic violence? Were you referring to the baby incident?

 

[Amanda35]

I'm sorry, let me be more clear. I say "past domestic" because in the past he has had the police called on him. But has never been arrested before this. He has no criminal record other then this.

He only has a public defender. He is 20 years old with a history of depression. I am not aware of any order of protection, only that he is "not allowed to contact the victim". I am not being considered the victim. I am however still worried about the situation.

He is serving 30 days in jail until his court date because no one is bailing him out. So I assume that will count towards his jail time. I am just trying to get an estimate for how long he may spend in jail (what his sentence may be). I know it's hard to say because every situation is different. So let me ask this, Do you think he can get the maximum 2 years of jail time for this? Again, first offense. No criminal record.

 

[HighwayMan]

I'm sorry, let me be more clear. I say "past domestic" because in the past he has had the police called on him. But has never been arrested before this. He has no criminal record other then this.

Well, that obviously does not count for anything. If he was never arrested or summonsed he was never charged with anything.

I am not aware of any order of protection, only that he is "not allowed to contact the victim". I am not being considered the victim. I am however still worried about the situation.

Well from your story I don't see a victim if it is not you. Who is the victim? And if he's not allowed to contact this victim I would bet he has an order of protection against him.

 

[Amanda35]

His mother is the victim. She is not dropping the charges.

Also, thank you for clearing up the past calls I thought they would use that against him in court. But am still wondering about length of sentencing and perhaps what they look at.

 

[HighwayMan]

Well, the past incidents can be used against him in court if his mother was there or knew about them. I was referring to those incidents affecting his sentence based on his past criminal record.

As I said, no one can say what the outcome may be.

You should check on the order of protection - it's possible that since you were there you may be named in it also as a protected person.