Am I facing time?

[needingpeaceinm]

What is the name of your state? CA
Long story short:
charged and convicted of simple assaultDV; got back with spouse; she got angry at me again reported to cops that we had contact. it's there sometype of law that she can't contact me either. If not, am I facing jail time or will it be a slap on the wrist???? I have complete all anger management classes and paid all courtcost. I'm filing for divorce immediatly because apparently she wants me in trouble. She left a voice msg this morning saying there is a warrant for my arrest. shouldn't their be a law against false reporting?

 

[CJane]

it's there sometype of law that she can't contact me either.

Not likely.

If not, am I facing jail time or will it be a slap on the wrist????

Yes. Though I'd bet on jail time.

shouldn't their be a law against false reporting?

There is.

But if there's an RO against you - and there likely is - and you've violate the RO - and if you've had contact with her, you have - then she did not falsely report anything.

 

[johnb2b]

Court has to prove beyond a reasonable doupt that YOU contacted her. Very hard to prove unless it is true.

 

[needingpeaceinm]

Thank you for your replys. I can't take it to a jury trial because I'm on probation. I haven't been picked up "yet" but she is leaving messages for me to come see her that I'm not responding 2 so it's just a matter of time before she will get angry again and call the police. I thought about filing a RO against her but the last time I tried I was turned down by the judge. I guess men can't get RO"s against women? If I do get picked up and what usually happens on the first offense with a no contact order? If the judge suggest jail can I plea bargain to a lesser offense. I'm staying away from her because I have a very good jail and can't afford to be in jail even for a day.

 

[moburkes]

Thank you for your replys. I can't take it to a jury trial because I'm on probation. I haven't been picked up "yet" but she is leaving messages for me to come see her that I'm not responding 2 so it's just a matter of time before she will get angry again and call the police. I thought about filing a RO against her but the last time I tried I was turned down by the judge. I guess men can't get RO"s against women? If I do get picked up and what usually happens on the first offense with a no contact order? If the judge suggest jail can I plea bargain to a lesser offense. I'm staying away from her because I have a very good jail and can't afford to be in jail even for a day.

Yes, men can get restraining orders against women. It becomes problematic when, after there is already a restraining order against YOU, you then try to get one against the other party.

Save the messages, put them on tape so that you can play them for the judge, that she is contacting you.

 

[CdwJava]

Thank you for your replys. I can't take it to a jury trial because I'm on probation.

If she commits a crime, it can go to a jury.

I haven't been picked up "yet" but she is leaving messages for me to come see her that I'm not responding 2 so it's just a matter of time before she will get angry again and call the police.

If she is making repeated and unwanted calls to you, it might be criminal. CA has a statute prohibiting annoying and harassing calls. At the very least, you need to save these messages in case you DO get charged.

I guess men can't get RO"s against women?

Sure they do. However, in your case you were convicted of the battery so YOU got the order. Being convicted kinda infers you were the primary aggressor.

If I do get picked up and what usually happens on the first offense with a no contact order?

In my county it involves a short jail stint and probation.


- Carl

 

[Skndlz2904]

Dude, we're dealing with the same kind of sharks here. Luring us into trouble all over and over again. Mine reported me over a text msg "I love you". You need to get ridd of the satan in your life, forget her and whatever she does STAY AWAY FROM HER. OBEY THE LAW AND THE CONDITIONS. This is the only way trust me. I fell for the same **** as you did and now I am in a lot of trouble and I don't know what's gonna happen on Dec 19. my sentencing date.
And YES, you can plea guilty to a lesser sentence, probably reduced time with no imprisonment, depends on the prosecutor and how good your lawyer is I guess. You will not get jail time, that's for sure.
STAY AWAY FROM HER!!!

 

[yolandanewell]

Violation of Restraining

I have been facing this issue as well with my ex husband that was convicted of assaulting me.. re- offended and the DA dropped those second charges. He then phoned me threatening to hack someones head off with a knife (left on voicemail). When I filed for contempt on that charge (violation of the DVRO), refusing to pay child support and threatening to dissappear with our daughter, he and his pregnant girlfriend launched a battle of the OSC filings with me.

When my ex husband phoned me with that threat... MPD did nothing! With this lack of reprocussion to his actions he felt free, along with the new girlfriend to make our lives a living hell by way of utilizing the court system as well as the emergency services of the Modesto Police Department (he called the police to my home ELEVEN times after he was served for well baby checks) as his new avenue to harass me. His girlfriend even filed a declaration to the court stating that when he left me that threatening voice mail - that it was "only meant to be funny"... nothing else.

I am also in California. It is INFURIATING that people that hit or are convicted of domestic violence are not made to suffer the consequences.. in MY case, myself, the victim of this crime... have been forced to fight for my rights to a peaceful life.

The system in California is very loose (at least in my county) when it comes to gaining a second conviction of this crime... this has been MY experience.

You have received VERY valid and wise advice here.. stay away from this person.

Are there children involved?